Criminal penalties proposed for violating new hemp bill
Last week, Illinois State Rep. La Shawn Ford introduced House Bill 4161, which focused mainly on permits, licensing, testing, taxes, and preventing the sell of hemp products to persons under 21 years of age. Today, the first day of the veto session, Ford introduced House Bill 4193, the Prevention of Use of Hemp Cannabinoid Products Intended for Human Consumption by Ingestion or Inhalation by Persons Under 21 Years of Age Act. Though HB4161 and HB4193 have similar wording and requirements for testing, licensing, and age restrictions on purchasing hemp products, HB4193 also includes the criminal and civil penalties for violation of the bill.
The Department of Financial and Professional Regulation (IDFPR) will “administer and enforce the provisions of this Act relating to licensing and oversight of hemp distributor establishment unless otherwise provided in this Act.” Provision (e) states, “No person shall sell, buy for, distribute samples of, or furnish any cannabinoid product to any person under the age of 21.” The criminal and civil penalties for a “person, hemp food establishment, or hemp retailer that violates subsection (e) is guilty of a Class 4 felony.”
Provision (f) states, “No person under 21 years of age in the furtherance or facilitation of obtaining hemp cannabinoid products shall display or use a false or forged identification card or transfer, alter, or deface an identification card.” A person under the age of 21 who violates subsection (f) is guilty of a Class A misdemeanor.
The following administrative fines may be imposed by IDFPR upon any person or entity who violates any provision of this Act or any rule adopted by any State department under this Act may impose the following administrative fines:
(1) A penalty of $2,500 for a first violation;
(2) A penalty of $5,000 for a second violation at the same location within 2 years of the first violation; and
(3) A penalty of $10,000 for a third or subsequent violation at the same location within 2 years of the second or subsequent violation.
IDFPR may also exercise the following powers and duties:
(1) Prescribe forms to be issued for the administration and enforcement of this Act;
(2) Examine, inspect, and investigate the premises, operations, and records of hemp retail organization applicants and licensees;
(3) Conduct investigations of possible violations of this Act pertaining to hemp retail organizations; and
(4) Conduct hearings on proceedings to refuse to issue or renew licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline a license holder under this Act or take other nondisciplinary action.
HB4193 also:
- Provides that no person shall offer or sell hemp cannabinoid products to consumers in the State unless the person applies for and holds a hemp retailer licensed issued by the Department of Financial and Professional Regulation.
- Provides that no person shall sell ready-to-eat hemp products to end consumers without holding a hemp food establishment license issued by the Department of Public Health.
- Provides that a hemp food establishment that sells ready-to-eat cannabinoid products shall be exclusively licensed and located in the State.
- Provides that hemp food establishments and hemp retailers shall require proof of age from a purchaser of any cannabinoid products before selling the product to that person.
- Establishes standards for the issuance of licenses under the Act.
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