SB1639 99TH GENERAL ASSEMBLY

LRB099 07231 RLC 27331 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1639

Introduced 2/20/2015, by Sen. Michael Connelly

SYNOPSIS AS INTRODUCED:

See Index

Amends the Cannabis Control Act. Changes definition of "cannabis" and adds a definition of "concentrated cannabis" to the Act. Provides that the knowing possession of concentrated cannabis in an amount of: (1) less than 1 gram is a Class 4 felony; (2) 1 gram or more but not more than 4 grams is a Class 3 felony; (3) more than 4 grams but not more than 400 grams is a Class 2 felony; and (4) more than 400 grams is a Class 1 felony. Provides that the penalty for the knowing manufacture, delivery, or possession with intent to deliver, or manufacture, concentrated cannabis is one class higher than the penalty for possession of concentrated cannabis. Provides that if a person commits a violation of the Act in a manner that requires an emergency response, the person shall be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response, including but not limited to regular and overtime costs incurred by local law enforcement agencies and private contractors paid by the public agencies in securing the site. Provides that the convicted person shall make this restitution in addition to any other fine or penalty required by law. Provides that in addition to any other penalties and liabilities, a person who is convicted of violating any Section of the Act, whose violation proximately caused any incident resulting in an appropriate emergency response, shall be assessed a fine of $2,500, or $5,000 if the person has been previously convicted of a violation of the Act, payable to the circuit clerk, who shall distribute the money to the law enforcement agency responsible for the mitigation of the incident.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cannabis Control Act is amended by changing Section 3 and by adding Sections 4.1, 5.01, and 10.4 as follows:

(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)

Sec. 3. As used in this Act, unless the context otherwise requires:

(a) "Cannabis" includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

(b) "Casual delivery" means the delivery of not more than 10 grams of any substance containing cannabis without consideration.

(b-5) "Concentrated cannabis" includes the separated resin or oil, whether crude or purified, obtained from the plant Cannabis Sativa through chemical or other methods of extraction.

(c) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency.

(d) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.

(e) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency.

(f) "Director" means the Director of the Department of State Police or his designated agent.

(g) "Local authorities" means a duly organized State, county, or municipal peace unit or police force.

(h) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale.

(i) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.

(j) "Produce" or "production" means planting, cultivating, tending or harvesting.

(k) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.

(l) "Subsequent offense" means an offense under this Act, the offender of which, prior to his conviction of the offense, has at any time been convicted under this Act or under any laws of the United States or of any state relating to cannabis, or any controlled substance as defined in the Illinois Controlled Substances Act.

(Source: P.A. 89-507, eff. 7-1-97.)

(720 ILCS 550/4.1 new)

Sec. 4.1. Possession of concentrated cannabis prohibited. It is unlawful for any person knowingly to possess concentrated cannabis. Any person who violates this Section with respect to:

(1) less than 1 gram of any substance containing concentrated cannabis is guilty of a Class 4 felony;

(2) 1 gram or more but not more than 4 grams of any substance containing concentrated cannabis is guilty of a Class 3 felony;

(3) more than 4 grams but not more than 400 grams of any substance containing concentrated cannabis is guilty of a Class 2 felony;

(4) more than 400 grams of any substance containing concentrated cannabis is guilty of a Class 1 felony.

(720 ILCS 550/5.01 new)

Sec. 5.01. Manufacture or delivery of concentrated cannabis prohibited. It is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or manufacture, concentrated cannabis. Any person who violates this Section with respect to:

(1) less than 1 gram of any substance containing concentrated cannabis is guilty of a Class 3 felony;

(2) 1 or more grams but not more than 4 grams of any substance containing concentrated cannabis is guilty of a Class 2 felony;

(3) more than 4 grams but not more than 400 grams of any substance containing concentrated cannabis is guilty of a Class 1 felony;

(4) more than 400 grams of any substance containing concentrated cannabis is guilty of a Class X felony.

(720 ILCS 550/10.4 new)

Sec. 10.4. Violations of Act requiring emergency response; restitution.

(a) If a person commits a violation of this Act in a manner that requires an emergency response, the person shall be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response, including but not limited to regular and overtime costs incurred by local law enforcement agencies and private contractors paid by the public agencies in securing the site. The convicted person shall make this restitution in addition to any other fine or penalty required by law.

(b) Any restitution payments made under this Section shall be disbursed equitably by the circuit clerk in the following order:

(1) first, to the agency responsible for the mitigation of the incident;

(2) second, to the local agencies involved in the emergency response;

(3) third, to the State agencies involved in the emergency response; and

(4) fourth, to the federal agencies involved in the emergency response.

(c) In addition to any other penalties and liabilities, a person who is convicted of violating any Section of this Act, whose violation proximately caused any incident resulting in an appropriate emergency response, shall be assessed a fine of $2,500, payable to the circuit clerk, who shall distribute the money to the law enforcement agency responsible for the mitigation of the incident. If the person has been previously convicted of violating any Section of this Act, the fine shall be $5,000 and the circuit clerk shall distribute the money to the law enforcement agency responsible for the mitigation of the incident. In the event that more than one agency is responsible for an arrest which does not require mitigation, the amount payable to law enforcement agencies shall be shared equally. Any moneys received by a law enforcement agency under this Section shall be used for law enforcement expenses. Any moneys collected for the Department of State Police shall be deposited into the Traffic and Criminal Conviction Surcharge Fund.