(305 ILCS 5/1-10)
(Text of Section before amendment by P.A. 103-192)
Sec. 1-10. Drug convictions.
(a) Persons convicted of an offense under the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act which is a Class X felony, or a Class 1 felony,
or comparable federal criminal law which has as an element the
possession, use, or distribution of a controlled substance, as defined in
Section 102(6) of the federal Controlled Substances Act (21 U.S.C. 802(c)),
shall not be eligible for cash assistance provided under this Code.
(b) Persons convicted of
any other felony under the Illinois Controlled Substances Act, the Cannabis
Control Act, or the Methamphetamine Control and Community Protection Act which is not a Class X or Class 1 felony, or comparable
federal criminal law which has as an element the possession, use, or
distribution of a
controlled substance, as defined in Section 102(6) of the federal Controlled
Substances Act (21 U.S.C. 802(c)), shall not be eligible for cash assistance
provided under this Code for 2 years from the date of conviction. This
prohibition shall not apply if the person is in a drug treatment program,
aftercare program, or similar program as defined by rule.
(c) Persons shall not be determined ineligible for food stamps provided
under this Code based upon a conviction of any felony or comparable federal or
State criminal law which has an element the possession, use or distribution of
a controlled substance, as defined in Section 102(6) of the federal Controlled Substances
Act (21 U.S.C. 802(c)).
(d) Notwithstanding any other provision of this Section to the contrary, persons shall not be determined ineligible for cash assistance provided under Article IV of this Code based upon a conviction for any drug-related felony under State or federal law. (Source: P.A. 102-178, eff. 10-30-21.)
(Text of Section after amendment by P.A. 103-192)
Sec. 1-10. Drug convictions.
(a) Persons convicted of an offense under the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act which is a Class X felony, or a Class 1 felony,
or comparable federal criminal law which has as an element the
possession, use, or distribution of a controlled substance, as defined in
Section 102(6) of the federal Controlled Substances Act (21 U.S.C. 802(c)),
shall not be eligible for cash assistance provided under this Code.
(b) Persons convicted of
any other felony under the Illinois Controlled Substances Act, the Cannabis
Control Act, or the Methamphetamine Control and Community Protection Act which is not a Class X or Class 1 felony, or comparable
federal criminal law which has as an element the possession, use, or
distribution of a
controlled substance, as defined in Section 102(6) of the federal Controlled
Substances Act (21 U.S.C. 802(c)), shall not be eligible for cash assistance
provided under this Code for 2 years from the date of conviction. This
prohibition shall not apply if the person is in a drug treatment program,
aftercare program, or similar program as defined by rule.
(c) Persons shall not be determined ineligible for food stamps provided
under this Code based upon a conviction of any felony or comparable federal or
State criminal law which has an element the possession, use or distribution of
a controlled substance, as defined in Section 102(6) of the federal Controlled Substances
Act (21 U.S.C. 802(c)).
(d) Notwithstanding any other provision of this Section to the contrary, persons shall not be determined ineligible for cash assistance provided under Article IV or Article VI of this Code based upon a conviction for any drug-related felony under State or federal law. (Source: P.A. 102-178, eff. 10-30-21; 103-192, eff. 1-1-24.)
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