SB0753 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0753

 

Introduced 2/3/2015, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/4  from Ch. 56 1/2, par. 704
720 ILCS 550/4.1 new
720 ILCS 550/8  from Ch. 56 1/2, par. 708
720 ILCS 550/8.1 new
720 ILCS 550/10  from Ch. 56 1/2, par. 710

    Amends the Cannabis Control Act. Legalizes the possession by a person 21 years of age or older of cannabis in an amount not to exceed 30 grams. Permits the production and possession by a person 21 years of age or older of not more than 5 cannabis sativa plants.


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A BILL FOR

 

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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 4, 8, and 10 and by adding Sections 4.1 and 8.1 as
6follows:
 
7    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
8    Sec. 4. It is unlawful for any person knowingly to possess
9more than 30 grams of cannabis. Any person who violates this
10section with respect to:
11        (a) (blank); not more than 2.5 grams of any substance
12    containing cannabis is guilty of a Class C misdemeanor;
13        (b) (blank); more than 2.5 grams but not more than 10
14    grams of any substance containing cannabis is guilty of a
15    Class B misdemeanor;
16        (c) (blank); more than 10 grams but not more than 30
17    grams of any substance containing cannabis is guilty of a
18    Class A misdemeanor; provided, that if any offense under
19    this subsection (c) is a subsequent offense, the offender
20    shall be guilty of a Class 4 felony;
21        (d) more than 30 grams but not more than 500 grams of
22    any substance containing cannabis is guilty of a Class 4
23    felony; provided that if any offense under this subsection

 

 

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1    (d) is a subsequent offense, the offender shall be guilty
2    of a Class 3 felony;
3        (e) more than 500 grams but not more than 2,000 grams
4    of any substance containing cannabis is guilty of a Class 3
5    felony;
6        (f) more than 2,000 grams but not more than 5,000 grams
7    of any substance containing cannabis is guilty of a Class 2
8    felony;
9        (g) more than 5,000 grams of any substance containing
10    cannabis is guilty of a Class 1 felony.
11(Source: P.A. 90-397, eff. 8-15-97.)
 
12    (720 ILCS 550/4.1 new)
13    Sec. 4.1. It is unlawful for any person under 21 years of
14age to knowingly possess cannabis. Any person under 21 years of
15age who violates this Section with respect to:
16        (a) not more than 2.5 grams of any substance containing
17    cannabis is guilty of a Class C misdemeanor;
18        (b) more than 2.5 grams but not more than 10 grams of
19    any substance containing cannabis is guilty of a Class B
20    misdemeanor;
21        (c) more than 10 grams but not more than 30 grams of
22    any substance containing cannabis is guilty of a Class A
23    misdemeanor; provided, that if any offense under this
24    subsection (c) is a subsequent offense, the offender is
25    guilty of a Class 4 felony.
 

 

 

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1    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
2    Sec. 8. It is unlawful for any person knowingly to produce
3more than 5 the cannabis sativa plants plant or to possess more
4than 5 such plants unless production or possession has been
5authorized pursuant to the provisions of Section 11 or 15.2 of
6the Act. Any person who violates this Section with respect to
7production or possession of:
8    (a) (Blank). Not more than 5 plants is guilty of a Class A
9misdemeanor.
10    (b) More than 5, but not more than 20 plants, is guilty of
11a Class 4 felony.
12    (c) More than 20, but not more than 50 plants, is guilty of
13a Class 3 felony.
14    (d) More than 50, but not more than 200 plants, is guilty
15of a Class 2 felony for which a fine not to exceed $100,000 may
16be imposed and for which liability for the cost of conducting
17the investigation and eradicating such plants may be assessed.
18Compensation for expenses incurred in the enforcement of this
19provision shall be transmitted to and deposited in the
20treasurer's office at the level of government represented by
21the Illinois law enforcement agency whose officers or employees
22conducted the investigation or caused the arrest or arrests
23leading to the prosecution, to be subsequently made available
24to that law enforcement agency as expendable receipts for use
25in the enforcement of laws regulating controlled substances and

 

 

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1cannabis. If such seizure was made by a combination of law
2enforcement personnel representing different levels of
3government, the court levying the assessment shall determine
4the allocation of such assessment. The proceeds of assessment
5awarded to the State treasury shall be deposited in a special
6fund known as the Drug Traffic Prevention Fund.
7    (e) More than 200 plants is guilty of a Class 1 felony for
8which a fine not to exceed $100,000 may be imposed and for
9which liability for the cost of conducting the investigation
10and eradicating such plants may be assessed. Compensation for
11expenses incurred in the enforcement of this provision shall be
12transmitted to and deposited in the treasurer's office at the
13level of government represented by the Illinois law enforcement
14agency whose officers or employees conducted the investigation
15or caused the arrest or arrests leading to the prosecution, to
16be subsequently made available to that law enforcement agency
17as expendable receipts for use in the enforcement of laws
18regulating controlled substances and cannabis. If such seizure
19was made by a combination of law enforcement personnel
20representing different levels of government, the court levying
21the assessment shall determine the allocation of such
22assessment. The proceeds of assessment awarded to the State
23treasury shall be deposited in a special fund known as the Drug
24Traffic Prevention Fund.
25(Source: P.A. 98-1072, eff. 1-1-15.)
 

 

 

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1    (720 ILCS 550/8.1 new)
2    Sec. 8.1. Production and possession of cannabis sativa
3plants by persons under 21 years of age. It is unlawful for any
4person under 21 years of age to knowingly produce the cannabis
5sativa plant or to possess those plants unless production or
6possession has been authorized under Section 11 of this Act.
7Any person under 21 years of age who violates this Section with
8respect to production or possession of not more than 5 plants
9is guilty of a Class A misdemeanor.
 
10    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
11    Sec. 10. (a) Whenever any person who has not previously
12been convicted of, or placed on probation or court supervision
13for, any offense under this Act or any law of the United States
14or of any State relating to cannabis, or controlled substances
15as defined in the Illinois Controlled Substances Act, pleads
16guilty to or is found guilty of violating Sections 4.1(a),
174.1(b), 4.1(c), 5(a), 5(b), 5(c), or 8.1 4(a), 4(b), 4(c),
185(a), 5(b), 5(c) or 8 of this Act, the court may, without
19entering a judgment and with the consent of such person,
20sentence him to probation.
21    (b) When a person is placed on probation, the court shall
22enter an order specifying a period of probation of 24 months,
23and shall defer further proceedings in the case until the
24conclusion of the period or until the filing of a petition
25alleging violation of a term or condition of probation.

 

 

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1    (c) The conditions of probation shall be that the person:
2(1) not violate any criminal statute of any jurisdiction; (2)
3refrain from possession of a firearm or other dangerous weapon;
4(3) submit to periodic drug testing at a time and in a manner
5as ordered by the court, but no less than 3 times during the
6period of the probation, with the cost of the testing to be
7paid by the probationer; and (4) perform no less than 30 hours
8of community service, provided community service is available
9in the jurisdiction and is funded and approved by the county
10board.
11    (d) The court may, in addition to other conditions, require
12that the person:
13        (1) make a report to and appear in person before or
14    participate with the court or such courts, person, or
15    social service agency as directed by the court in the order
16    of probation;
17        (2) pay a fine and costs;
18        (3) work or pursue a course of study or vocational
19    training;
20        (4) undergo medical or psychiatric treatment; or
21    treatment for drug addiction or alcoholism;
22        (5) attend or reside in a facility established for the
23    instruction or residence of defendants on probation;
24        (6) support his dependents;
25        (7) refrain from possessing a firearm or other
26    dangerous weapon;

 

 

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1        (7-5) refrain from having in his or her body the
2    presence of any illicit drug prohibited by the Cannabis
3    Control Act, the Illinois Controlled Substances Act, or the
4    Methamphetamine Control and Community Protection Act,
5    unless prescribed by a physician, and submit samples of his
6    or her blood or urine or both for tests to determine the
7    presence of any illicit drug;
8        (8) and in addition, if a minor:
9            (i) reside with his parents or in a foster home;
10            (ii) attend school;
11            (iii) attend a non-residential program for youth;
12            (iv) contribute to his own support at home or in a
13        foster home.
14    (e) Upon violation of a term or condition of probation, the
15court may enter a judgment on its original finding of guilt and
16proceed as otherwise provided.
17    (f) Upon fulfillment of the terms and conditions of
18probation, the court shall discharge such person and dismiss
19the proceedings against him.
20    (g) A disposition of probation is considered to be a
21conviction for the purposes of imposing the conditions of
22probation and for appeal, however, discharge and dismissal
23under this Section is not a conviction for purposes of
24disqualification or disabilities imposed by law upon
25conviction of a crime (including the additional penalty imposed
26for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)

 

 

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1of this Act).
2    (h) Discharge and dismissal under this Section, Section 410
3of the Illinois Controlled Substances Act, Section 70 of the
4Methamphetamine Control and Community Protection Act, Section
55-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
6subsection (c) of Section 11-14 of the Criminal Code of 1961 or
7the Criminal Code of 2012 may occur only once with respect to
8any person.
9    (i) If a person is convicted of an offense under this Act,
10the Illinois Controlled Substances Act, or the Methamphetamine
11Control and Community Protection Act within 5 years subsequent
12to a discharge and dismissal under this Section, the discharge
13and dismissal under this Section shall be admissible in the
14sentencing proceeding for that conviction as a factor in
15aggravation.
16(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13;
1798-164, eff. 1-1-14.)