Illinois General Assembly - Full Text of HB0218
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Full Text of HB0218  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Kelly M. Cassidy


720 ILCS 550/1  from Ch. 56 1/2, par. 701
720 ILCS 550/4  from Ch. 56 1/2, par. 704
720 ILCS 550/9  from Ch. 56 1/2, par. 709
720 ILCS 550/10  from Ch. 56 1/2, par. 710
725 ILCS 5/111-3.1 new

    Amends the Cannabis Control Act. Provides that the knowing possession of not more than 30 grams of any substance containing cannabis is a petty offense charged by a Uniform Cannabis Ticket with a fine of $100 (rather than a Class C misdemeanor for 2.5 grams or less, a Class B misdemeanor for more than 2.5 grams to 10 grams, and a Class A misdemeanor for more than 10 grams to 30 grams). Provides that knowing possession of more than 30 grams but not more than 500 grams of any substance containing cannabis is a Class A misdemeanor for a first offense (rather than a Class 4 felony) and a Class 4 felony for a subsequent offense (rather than a Class 3 felony). Amends the Code of Criminal Procedure of 1963. Establishes procedures concerning the Uniform Cannabis Ticket.

LRB099 04095 RLC 24114 b





HB0218LRB099 04095 RLC 24114 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
5Sections 1, 4, 9, and 10 as follows:
6    (720 ILCS 550/1)  (from Ch. 56 1/2, par. 701)
7    Sec. 1.
8    The General Assembly recognizes that (1) the current state
9of scientific and medical knowledge concerning the effects of
10cannabis makes it necessary to acknowledge the physical,
11psychological and sociological damage which is incumbent upon
12its use; and (2) the use of cannabis occupies the unusual
13position of being widely used and pervasive among the citizens
14of Illinois despite its harmful effects; and (2) (3) previous
15legislation enacted to control or forbid the use of cannabis
16has often unnecessarily and unrealistically drawn a large
17segment of our population within the criminal justice system
18without succeeding in deterring the expansion of cannabis use.
19It is, therefore, the intent of the General Assembly, in the
20interest of the health and welfare of the citizens of Illinois,
21to establish a reasonable penalty system which is responsive to
22the current state of knowledge concerning cannabis and which
23directs the greatest efforts of law enforcement agencies toward



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1the commercial traffickers and large-scale purveyors of
2cannabis. To this end, this Act provides wide latitude in the
3sentencing discretion of the courts and establishes penalties
4in a sharply rising progression based on the amount of
5substances containing cannabis involved in each case.
6(Source: P.A. 77-758.)
7    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
8    Sec. 4. Cannabis possession.
9    (a) It is unlawful for any person knowingly to possess
10cannabis. Any person who violates this section with respect to:
11        (1) (a) not more than 30 2.5 grams of any substance
12    containing cannabis is guilty of a petty offense charged by
13    a Uniform Cannabis Ticket and shall be fined $100 Class C
14    misdemeanor;
15        (2) (blank); (b) more than 2.5 grams but not more than
16    10 grams of any substance containing cannabis is guilty of
17    a Class B misdemeanor;
18        (3) (blank); (c) more than 10 grams but not more than
19    30 grams of any substance containing cannabis is guilty of
20    a Class A misdemeanor; provided, that if any offense under
21    this subsection (c) is a subsequent offense, the offender
22    shall be guilty of a Class 4 felony;
23        (4) (d) more than 30 grams but not more than 500 grams
24    of any substance containing cannabis is guilty of a Class A
25    misdemeanor 4 felony; provided that if any offense under



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1    this paragraph (4) subsection (d) is a subsequent offense,
2    the offender shall be guilty of a Class 4 3 felony;
3        (5) (e) more than 500 grams but not more than 2,000
4    grams of any substance containing cannabis is guilty of a
5    Class 3 felony;
6        (6) (f) more than 2,000 grams but not more than 5,000
7    grams of any substance containing cannabis is guilty of a
8    Class 2 felony;
9        (7) (g) more than 5,000 grams of any substance
10    containing cannabis is guilty of a Class 1 felony.
11(Source: P.A. 90-397, eff. 8-15-97.)
12    (720 ILCS 550/9)  (from Ch. 56 1/2, par. 709)
13    Sec. 9. (a) Any person who engages in a calculated criminal
14cannabis conspiracy, as defined in subsection (b), is guilty of
15a Class 3 felony, and fined not more than $200,000 and shall be
16subject to the forfeitures prescribed in subsection (c); except
17that, if any person engages in such offense after one or more
18prior convictions under this Section, Section 4 (a)(4) (d),
19Section 5 (d), Section 8 (d) or any law of the United States or
20of any State relating to cannabis, or controlled substances as
21defined in the Illinois Controlled Substances Act, in addition
22to the fine and forfeiture authorized above, he shall be guilty
23of a Class 1 felony for which an offender may not be sentenced
24to death.
25    (b) For purposes of this section, a person engages in a



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1calculated criminal cannabis conspiracy when:
2    (1) he violates Section 4 (a)(4) (d), 4 (a)(5) (e), 5 (d), 5
3(e), 8 (c) or 8 (d) of this Act; and
4    (2) such violation is a part of a conspiracy undertaken or
5carried on with 2 or more other persons; and
6    (3) he obtains anything of value greater than $500 from, or
7organizes, directs or finances such violation or conspiracy.
8    (c) Any person who is convicted under this Section of
9engaging in a calculated criminal cannabis conspiracy shall
10forfeit to the State of Illinois:
11    (1) the receipts obtained by him in such conspiracy; and
12    (2) any of his interests in, claims against, receipts from,
13or property or rights of any kind affording a source of
14influence over, such conspiracy.
15    (d) The circuit court may enter such injunctions,
16restraining orders, directions, or prohibitions, or take such
17other actions, including the acceptance of satisfactory
18performance bonds, in connection with any property, claim,
19receipt, right or other interest subject to forfeiture under
20this Section, as it deems proper.
21(Source: P.A. 84-1233.)
22    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
23    Sec. 10. (a) Whenever any person who has not previously
24been convicted of, or placed on probation or court supervision
25for, any offense under this Act or any law of the United States



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1or of any State relating to cannabis, or controlled substances
2as defined in the Illinois Controlled Substances Act, pleads
3guilty to or is found guilty of violating Sections 4(a), 4(b),
44(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
5entering a judgment and with the consent of such person,
6sentence him to probation.
7    (b) When a person is placed on probation, the court shall
8enter an order specifying a period of probation of 24 months,
9and shall defer further proceedings in the case until the
10conclusion of the period or until the filing of a petition
11alleging violation of a term or condition of probation.
12    (c) The conditions of probation shall be that the person:
13(1) not violate any criminal statute of any jurisdiction; (2)
14refrain from possession of a firearm or other dangerous weapon;
15(3) submit to periodic drug testing at a time and in a manner
16as ordered by the court, but no less than 3 times during the
17period of the probation, with the cost of the testing to be
18paid by the probationer; and (4) perform no less than 30 hours
19of community service, provided community service is available
20in the jurisdiction and is funded and approved by the county
22    (d) The court may, in addition to other conditions, require
23that the person:
24        (1) make a report to and appear in person before or
25    participate with the court or such courts, person, or
26    social service agency as directed by the court in the order



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1    of probation;
2        (2) pay a fine and costs;
3        (3) work or pursue a course of study or vocational
4    training;
5        (4) undergo medical or psychiatric treatment; or
6    treatment for drug addiction or alcoholism;
7        (5) attend or reside in a facility established for the
8    instruction or residence of defendants on probation;
9        (6) support his dependents;
10        (7) refrain from possessing a firearm or other
11    dangerous weapon;
12        (7-5) refrain from having in his or her body the
13    presence of any illicit drug prohibited by the Cannabis
14    Control Act, the Illinois Controlled Substances Act, or the
15    Methamphetamine Control and Community Protection Act,
16    unless prescribed by a physician, and submit samples of his
17    or her blood or urine or both for tests to determine the
18    presence of any illicit drug;
19        (8) and in addition, if a minor:
20            (i) reside with his parents or in a foster home;
21            (ii) attend school;
22            (iii) attend a non-residential program for youth;
23            (iv) contribute to his own support at home or in a
24        foster home.
25    (e) Upon violation of a term or condition of probation, the
26court may enter a judgment on its original finding of guilt and



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1proceed as otherwise provided.
2    (f) Upon fulfillment of the terms and conditions of
3probation, the court shall discharge such person and dismiss
4the proceedings against him.
5    (g) A disposition of probation is considered to be a
6conviction for the purposes of imposing the conditions of
7probation and for appeal, however, discharge and dismissal
8under this Section is not a conviction for purposes of
9disqualification or disabilities imposed by law upon
10conviction of a crime (including the additional penalty imposed
11for subsequent offenses under Section 4(a)(4), 4(c), 4(d), 5(c)
12or 5(d) of this Act).
13    (h) Discharge and dismissal under this Section, Section 410
14of the Illinois Controlled Substances Act, Section 70 of the
15Methamphetamine Control and Community Protection Act, Section
165-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
17subsection (c) of Section 11-14 of the Criminal Code of 1961 or
18the Criminal Code of 2012 may occur only once with respect to
19any person.
20    (i) If a person is convicted of an offense under this Act,
21the Illinois Controlled Substances Act, or the Methamphetamine
22Control and Community Protection Act within 5 years subsequent
23to a discharge and dismissal under this Section, the discharge
24and dismissal under this Section shall be admissible in the
25sentencing proceeding for that conviction as a factor in



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1(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13;
298-164, eff. 1-1-14.)
3    Section 10. The Code of Criminal Procedure of 1963 is
4amended by adding Section 111-3.1 as follows:
5    (725 ILCS 5/111-3.1 new)
6    Sec. 111-3.1. Uniform Cannabis Ticket.
7    (a) As used in this Section, "local authorities" means a
8duly organized State, county, or municipal peace unit or police
10    (b) For violation of paragraph (1) of subsection (a) of
11Section 4 of the Cannabis Control Act, the local authorities
12having jurisdiction shall, except as otherwise provided in this
13Section, charge the violation by a Uniform Cannabis Ticket. A
14copy of the Uniform Cannabis Ticket shall be sent to the
15circuit court clerk, within 30 days, but in no event later than
1690 days after the violation. The Uniform Cannabis Ticket shall
18        (1) the name and address of the defendant;
19        (2) the violation charged;
20        (3) the municipality where the violation occurred or if
21    in an unincorporated area the county where the violation
22    occurred;
23        (4) the statutory fine for the offense;
24        (5) the date by which the fine must be paid or plea of



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1    not guilty entered by the defendant;
2        (6) a warning that failure to pay the fine or enter a
3    plea of not guilty by the date set in the Ticket, may
4    result in an order of contempt by the court and shall
5    result in issuance of a warrant of arrest for the
6    defendant; and
7        (7) a notice that the person may plead guilty and pay
8    the fine to the circuit court clerk or enter a plea of not
9    guilty to the circuit court clerk and request a trial.
10    (c) A person may not be arrested for an offense subject to
11charging by a Uniform Cannabis Ticket, except as provided in
12this subsection. A person may be arrested if:
13        (1) he or she is in possession of an identification
14    card, license, or other form of identification issued by
15    the federal government, this State or any other state,
16    municipality, or college or university, and fails to
17    produce the identification upon request of a police officer
18    who informs the person that he or she has been found in
19    possession of what appears to the officer to be a violation
20    of paragraph (1) of subsection (a) of Section 4 of the
21    Cannabis Control Act;
22        (2) he or she is without any form of identification and
23    fails or refuses to truthfully provide his or her name,
24    address, and date of birth to a police officer who has
25    informed the person that the officer intends to issue the
26    person with a Uniform Cannabis Ticket for a violation of



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1    paragraph (1) of subsection (a) of Section 4 of the
2    Cannabis Control Act; or
3        (3) he or she fails to pay the fine or enter a plea of
4    not guilty within the time period set in the Uniform
5    Cannabis Ticket.
6    (d) The amount of bail for the offense charged by a Uniform
7Cannabis Ticket shall be the amount as the Illinois Supreme
8Court may establish by rule.
9    (e) The copy of the Uniform Cannabis Ticket filed with the
10circuit court constitutes a complaint to which the defendant
11may plead, unless he or she specifically requests that a
12verified complaint be filed.
13    (f) Except as otherwise provided in this Section, no other
14fines, fees, penalties, or costs shall be assessed on a plea of
15guilty to a Uniform Cannabis Ticket.
16    (g) A defendant who fails to pay the fine or enter a plea
17of not guilty within the time period set in the Uniform
18Cannabis Ticket is guilty of a petty offense as provided in the
19offense charged in the Ticket.
20    (h) Nothing contained in this Section shall prohibit a unit
21of local government from enacting an ordinance or bylaw
22regulating or prohibiting the consumption of cannabis in public
23places and providing for additional penalties for the public
24use of cannabis, provided that the penalties are not greater
25than those for the public consumption of alcohol.
26    (i) No issuance of a Uniform Cannabis Ticket or entry of a



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1plea of guilty to a Uniform Cannabis Ticket shall be considered
2a violation of parole, mandatory supervised release,
3probation, conditional discharge, or supervision.
4    (j) A violation of paragraph (1) of subsection (a) of
5Section 4 of the Cannabis Control Act shall not result in the
6creation of a criminal history record of any kind and no
7information about the violation shall be maintained in any
8criminal record or database.