100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4059

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/4  from Ch. 56 1/2, par. 704

    Amends the Cannabis Control Act. Deletes provision that the knowing possession of more than 30 grams but not more than 100 grams of any substance containing cannabis is a Class 4 felony if the offense is a subsequent offense.


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A BILL FOR

 

HB4059LRB100 12973 RLC 27086 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Control Act is amended by changing
5Section 4 as follows:
 
6    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
7    Sec. 4. It is unlawful for any person knowingly to possess
8cannabis. Any person who violates this section with respect to:
9        (a) not more than 10 grams of any substance containing
10    cannabis is guilty of a civil law violation punishable by a
11    minimum fine of $100 and a maximum fine of $200. The
12    proceeds of the fine shall be payable to the clerk of the
13    circuit court. Within 30 days after the deposit of the
14    fine, the clerk shall distribute the proceeds of the fine
15    as follows:
16            (1) $10 of the fine to the circuit clerk and $10 of
17        the fine to the law enforcement agency that issued the
18        citation; the proceeds of each $10 fine distributed to
19        the circuit clerk and each $10 fine distributed to the
20        law enforcement agency that issued the citation for the
21        violation shall be used to defer the cost of automatic
22        expungements under paragraph (2.5) of subsection (a)
23        of Section 5.2 of the Criminal Identification Act;

 

 

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1            (2) $15 to the county to fund drug addiction
2        services;
3            (3) $10 to the Office of the State's Attorneys
4        Appellate Prosecutor for use in training programs;
5            (4) $10 to the State's Attorney; and
6            (5) any remainder of the fine to the law
7        enforcement agency that issued the citation for the
8        violation.
9        With respect to funds designated for the Department of
10    State Police, the moneys shall be remitted by the circuit
11    court clerk to the Department of State Police within one
12    month after receipt for deposit into the State Police
13    Operations Assistance Fund. With respect to funds
14    designated for the Department of Natural Resources, the
15    Department of Natural Resources shall deposit the moneys
16    into the Conservation Police Operations Assistance Fund;
17        (b) more than 10 grams but not more than 30 grams of
18    any substance containing cannabis is guilty of a Class B
19    misdemeanor;
20        (c) more than 30 grams but not more than 100 grams of
21    any substance containing cannabis is guilty of a Class A
22    misdemeanor; provided, that if any offense under this
23    subsection (c) is a subsequent offense, the offender shall
24    be guilty of a Class 4 felony;
25        (d) more than 100 grams but not more than 500 grams of
26    any substance containing cannabis is guilty of a Class 4

 

 

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1    felony; provided that if any offense under this subsection
2    (d) is a subsequent offense, the offender shall be guilty
3    of a Class 3 felony;
4        (e) more than 500 grams but not more than 2,000 grams
5    of any substance containing cannabis is guilty of a Class 3
6    felony;
7        (f) more than 2,000 grams but not more than 5,000 grams
8    of any substance containing cannabis is guilty of a Class 2
9    felony;
10        (g) more than 5,000 grams of any substance containing
11    cannabis is guilty of a Class 1 felony.
12(Source: P.A. 99-697, eff. 7-29-16.)