HB2750 EngrossedLRB099 07715 RLC 27848 b

1    AN ACT concerning cannabis.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Cannabis Study Act.
 
6    Section 5. Findings.
7    (a) Numerous localities throughout this State impose a
8civil fine for the possession of cannabis. The states of
9Alaska, California, Connecticut, Maine, Massachusetts,
10Mississippi, Nebraska, New York, Rhode Island and Vermont
11impose civil fines, based on specified low gram quantities of
12cannabis. On August 29, 2013 the U.S. Department of Justice
13issued a "Guidance Regarding Marijuana Enforcement" Memorandum
14for all United States Attorneys reaffirming that "the
15Department of Justice has not historically devoted resources
16for prosecuting individuals whose conduct is limited to
17possession of small amounts of marijuana for personal use on
18private property".
19    (b) A majority of voters in the states of Alaska (2014),
20Oregon (2014), Colorado (2012), and Washington (2012)
21legalized the possession of cannabis by any person 21 years of
22age or older, and tax and regulate cannabis in a manner similar
23to alcohol. Despite existing federal law prohibitions

 

 

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1regarding the purchase and possession of cannabis, on August
229, 2013, the U.S. Attorney General publicly stated that the
3Department of Justice would allow Washington and Colorado to
4create a system that would regulate and implement legalization
5of the use of cannabis for adults.
6    (c) Numerous polls, including a 2013 Pew Research Center
7poll found that a majority of Americans favor legalizing the
8use of cannabis, with an 11 point rise since 2010.
9    (d) During the 42 years since the enactment of the Cannabis
10Control Act, attitudes in this State regarding the use of
11cannabis have changed; Public Act 98-122, the Compassionate Use
12of Medical Cannabis Pilot Program Act, of the 98th General
13Assembly, authorized physicians to prescribe cannabis for
14therapeutic use in patients suffering from certain types of
15medical conditions.
16    (e) It is appropriate for this State to consider the
17regulation and taxing of cannabis, in a manner similar to
18alcohol and tobacco, for individuals 21 years of age or older.
19    (f) If the General Assembly wishes to consider regulating
20and taxing cannabis, in a manner similar to alcohol or tobacco,
21for individuals 21 years of age or older, that decision should
22be based upon facts which establish that the regulation and
23taxation of cannabis is in the best interest of the people of
24the State of Illinois.
 
25    Section 10. Regulation and taxation of cannabis in a manner

 

 

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1similar to alcohol and tobacco for individuals over 21 years of
2age or older.
3    (a) Before considering regulation and taxation of cannabis
4in a manner similar to alcohol and tobacco for individuals over
521 years of age or older, the General Assembly shall direct the
6Sentencing Policy Advisory Council to:
7        (1) determine the effect regulation and taxation would
8    have on law enforcement resources;
9        (2) determine the impact regulation would have on the
10    rate of arrests, predisposition detention, and sentencing;
11        (3) review approaches a cannabis regulation law could
12    take regarding drug-free workplace policies and procedures
13    and what effect the different approaches would have;
14        (4) determine the effect regulation and taxation would
15    have on existing criminal laws, including the Cannabis
16    Control Act;
17        (5) review approaches states have taken to reduce risks
18    associated with the operation of motor vehicles by
19    individuals impaired by intoxicants including but not
20    limited to cannabis, and what effect the different
21    approaches have had on rates of fatalities;
22        (6) determine to what extent the taxation and
23    regulation of cannabis may generate employment and revenue
24    in this State if at all;
25        (7) determine the regulatory and taxing system needed
26    for the licensing of entities to sell cannabis and the

 

 

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1    licensing of entities to grow cannabis;
2        (8) determine the product labeling, quality control,
3    and taxing regulations needed;
4        (9) compare the health effects of cannabis, alcohol,
5    and prescription drugs on the individual and community as
6    it relates to violence, risk-taking, addiction, cancer,
7    overdose, and mortality;
8        (10) determine the impact that existing laws on
9    cannabis possession have on rates of crime and violence;
10    and
11        (11) any other relevant analysis regarding the impact
12    on the public safety and welfare of the citizens of this
13    State.
14    (b) The Illinois Sentencing Policy Advisory Council shall
15report to the General Assembly its findings on or before
16December 20, 2015.
 
17    Section 15. Scope and partnership. The Illinois Sentencing
18Policy Advisory Council shall consider factors and work in
19conjunction with, and obtain input from, any individual,
20agency, association, and research institution, deemed
21appropriate by the Council.