HB 147 Illinois House · 102nd Regular Session

CBD SAFETY ACT

Summary
Creates the CBD Safety Act. Prohibits the sale or distribution of a CBD product unless the CBD product has labeling and has undergone lab testing that meet labeling and minimum testing requirements pursuant to rules adopted by the Department of Agriculture. Requires the Department to administer and enforce the Act and to develop rules for the labeling and minimum testing requirements of CBD products using a specified provision of the Illinois Administrative Code as a model. Provides that the Department of Public Health, the Illinois State Police, and the Department of Agriculture may inspect any business that manufactures, processes, transports, or distributes CBD products in the State to ensure compliance with the Act. Provides specified criminal fines, imprisonment, and administrative penalties for violations of the Act and directs that criminal fines collected under the Act shall be deposited into the CBD Safety Fund. Allows the Director to pursue and a court to grant a temporary restraining order or a preliminary or permanent injunction restraining any person from violating the Act. Contains other provisions. Amends the Illinois Administrative Procedure Act. Allows the Department of Agriculture to adopt emergency rules to implement the CBD Safety Act. Amends the State Finance Act. Creates the CBD Safety Fund. Effective 180 days after becoming law. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Replaces references to CBD products with references to cannabinoid products. Defines "cannabinoid product". Removes definitions of "CBD" and "CBD product". Provides that "cannabinoid product" includes foods, and only foods, containing cannabinoids and that are not time/temperature control for safety foods, as defined in specified federal materials. Prohibits the manufacture, process, or offer for sale (rather than sale or distribution) of a cannabinoid product unless the cannabinoid product has labeling and packaging and has undergone lab testing (rather than has labeling and has undergone lab testing) that meet labeling, packaging, and minimum testing requirements pursuant to rules adopted by the Department of Agriculture. Requires the Department to develop rules for labeling, packaging, and minimum testing (rather than labeling and minimum testing) requirements of cannabinoid products. Provides that the Department shall make available to the public (rather than the Director of Agriculture or the Director's agent may publish or cause to be published) specified information. Provides that the Department of Public Health, local health departments, the Illinois State Police, local sheriff's departments, municipal police departments, the Department of Revenue, and the Department (rather than only the Department of Public Health, the Illinois State Police, and the Department of Agriculture) may inspect any business that manufactures, processes, transports, or distributes cannabinoid products in the State to ensure compliance with the Act. Removes provisions regarding criminal fines and offenses for violations of the Act. Provides that moneys in the CBD Safety Fund shall be utilized subject to appropriation. Provides that, notwithstanding any provision of the Act, the State may not regulate the safety of cannabinoid products in a way that is inconsistent with any federal law, rule, or regulation that regulates the safety of cannabinoid products and is in effect on or after the effective date of the Act. Makes other changes. Effective 180 days after becoming law.
Bill status failed 3 of 5 stages cleared
Introduction
Apr 2021
Committee Review
Jul 2021
House Passage
Apr 2021
Senate Passage
Governor
Introduced Apr 15, 2021 Last action Jan 10, 2023
Floor votes · House Apr 14, 2021

How they voted

8515
Passed · 5 other
Total votes 105
Apr 14, 2021
D Democratic63
59 Yea 4
93% Yea
R Republican42
26 Yea 15 Nay 1
61% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
37
Key actions
5
Committee
12
Amendments
5
Jul 16, 2021
Committee
Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments
upper
May 21, 2021
Committee
Rule 3-9(a) / Re-referred to Assignments
upper
May 4, 2021
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Executive
upper
Apr 28, 2021
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Apr 28, 2021
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jason A. Barickman
upper
Apr 28, 2021
Committee
Assigned to Executive
upper
Apr 15, 2021
Committee
Referred to Assignments
upper
Apr 15, 2021
Introduced
Arrive in Senate
upper
Apr 14, 2021
Lower · Passed
Third Reading - Short Debate - Passed 096-015-000
lower
Apr 13, 2021
Lower · Passed
House Floor Amendment No. 2 Adopted
lower
Apr 6, 2021
Lower · Passed
House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
lower
Mar 23, 2021
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
Mar 23, 2021
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. Bob Morgan
lower
Mar 4, 2021
Amended
House Committee Amendment No. 1 Tabled Pursuant to Rule 40
lower
Mar 1, 2021
Lower · Passed
Do Pass / Short Debate Consumer Protection Committee; 006-000-000
lower
Feb 26, 2021
Committee
House Committee Amendment No. 1 Referred to Rules Committee
lower
Feb 26, 2021
Introduced
House Committee Amendment No. 1 Filed with Clerk by Rep. Bob Morgan
lower
Feb 23, 2021
Committee
Assigned to Consumer Protection Committee
lower
Jan 14, 2021
Committee
Referred to Rules Committee
lower
2 primary · 7 co-sponsors

Sponsors