101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3467

 

Introduced 2/14/2020, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 705/10-15

    Amends the Cannabis Regulation and Tax Act. Provides that a person under 21 years of age who possesses 30 grams or less of cannabis is guilty of a Class A misdemeanor (rather than a civil law violation). Provides that a person under 21 years of age who possesses more than 30 grams of cannabis is subject to the penalties provided in the Cannabis Control Act. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by changing Section 10-15 as follows:
 
6    (410 ILCS 705/10-15)
7    Sec. 10-15. Persons under 21 years of age.
8    (a) Nothing in this Act is intended to permit the transfer
9of cannabis, with or without remuneration, to a person under 21
10years of age, or to allow a person under 21 years of age to
11purchase, possess, use, process, transport, grow, or consume
12cannabis except where authorized by the Compassionate Use of
13Medical Cannabis Program Act or by the Community College
14Cannabis Vocational Pilot Program.
15    (b) Notwithstanding any other provisions of law
16authorizing the possession of medical cannabis, nothing in this
17Act authorizes a person who is under 21 years of age to possess
18cannabis. A person under 21 years of age who possesses 30 grams
19or less of with cannabis in his or her possession is guilty of
20a Class A misdemeanor civil law violation as outlined in
21paragraph (a) of Section 4 of the Cannabis Control Act. A
22person under 21 years of age who possesses more than 30 grams
23of cannabis is subject to the penalties provided in Section 4

 

 

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1of the Cannabis Control Act.
2    (c) If the person under the age of 21 was in a motor
3vehicle at the time of the offense, the Secretary of State may
4suspend or revoke the driving privileges of any person for a
5violation of this Section under Section 6-206 of the Illinois
6Vehicle Code and the rules adopted under it.
7    (d) It is unlawful for any parent or guardian to knowingly
8permit his or her residence, any other private property under
9his or her control, or any vehicle, conveyance, or watercraft
10under his or her control to be used by an invitee of the
11parent's child or the guardian's ward, if the invitee is under
12the age of 21, in a manner that constitutes a violation of this
13Section. A parent or guardian is deemed to have knowingly
14permitted his or her residence, any other private property
15under his or her control, or any vehicle, conveyance, or
16watercraft under his or her control to be used in violation of
17this Section if he or she knowingly authorizes or permits
18consumption of cannabis by underage invitees. Any person who
19violates this subsection (d) is guilty of a Class A misdemeanor
20and the person's sentence shall include, but shall not be
21limited to, a fine of not less than $500. If a violation of
22this subsection (d) directly or indirectly results in great
23bodily harm or death to any person, the person violating this
24subsection is guilty of a Class 4 felony. In this subsection
25(d), where the residence or other property has an owner and a
26tenant or lessee, the trier of fact may infer that the

 

 

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1residence or other property is occupied only by the tenant or
2lessee.
3(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.