Illinois General Assembly - Full Text of SB1639
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Full Text of SB1639  99th General Assembly

SB1639 99TH GENERAL ASSEMBLY

  
  

 


 
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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1639LRB099 07231 RLC 27331 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
5Section 3 and by adding Sections 4.1, 5.01, and 10.4 as
6follows:
 
7    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
8    Sec. 3. As used in this Act, unless the context otherwise
9requires:
10    (a) "Cannabis" includes marihuana, hashish and other
11substances which are identified as including any parts of the
12plant Cannabis Sativa, whether growing or not; the seeds
13thereof, the resin extracted from any part of such plant; and
14any compound, manufacture, salt, derivative, mixture, or
15preparation of such plant, its seeds, or resin, including
16tetrahydrocannabinol (THC) and all other cannabinol
17derivatives, including its naturally occurring or
18synthetically produced ingredients, whether produced directly
19or indirectly by extraction, or independently by means of
20chemical synthesis or by a combination of extraction and
21chemical synthesis; but shall not include the mature stalks of
22such plant, fiber produced from such stalks, oil or cake made
23from the seeds of such plant, any other compound, manufacture,

 

 

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1salt, derivative, mixture, or preparation of such mature stalks
2(except the resin extracted therefrom), fiber, oil or cake, or
3the sterilized seed of such plant which is incapable of
4germination.
5    (b) "Casual delivery" means the delivery of not more than
610 grams of any substance containing cannabis without
7consideration.
8    (b-5) "Concentrated cannabis" includes the separated resin
9or oil, whether crude or purified, obtained from the plant
10Cannabis Sativa through chemical or other methods of
11extraction.
12    (c) "Department" means the Illinois Department of Human
13Services (as successor to the Department of Alcoholism and
14Substance Abuse) or its successor agency.
15    (d) "Deliver" or "delivery" means the actual, constructive
16or attempted transfer of possession of cannabis, with or
17without consideration, whether or not there is an agency
18relationship.
19    (e) "Department of State Police" means the Department of
20State Police of the State of Illinois or its successor agency.
21    (f) "Director" means the Director of the Department of
22State Police or his designated agent.
23    (g) "Local authorities" means a duly organized State,
24county, or municipal peace unit or police force.
25    (h) "Manufacture" means the production, preparation,
26propagation, compounding, conversion or processing of

 

 

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1cannabis, either directly or indirectly, by extraction from
2substances of natural origin, or independently by means of
3chemical synthesis, or by a combination of extraction and
4chemical synthesis, and includes any packaging or repackaging
5of cannabis or labeling of its container, except that this term
6does not include the preparation, compounding, packaging, or
7labeling of cannabis as an incident to lawful research,
8teaching, or chemical analysis and not for sale.
9    (i) "Person" means any individual, corporation, government
10or governmental subdivision or agency, business trust, estate,
11trust, partnership or association, or any other entity.
12    (j) "Produce" or "production" means planting, cultivating,
13tending or harvesting.
14    (k) "State" includes the State of Illinois and any state,
15district, commonwealth, territory, insular possession thereof,
16and any area subject to the legal authority of the United
17States of America.
18    (l) "Subsequent offense" means an offense under this Act,
19the offender of which, prior to his conviction of the offense,
20has at any time been convicted under this Act or under any laws
21of the United States or of any state relating to cannabis, or
22any controlled substance as defined in the Illinois Controlled
23Substances Act.
24(Source: P.A. 89-507, eff. 7-1-97.)
 
25    (720 ILCS 550/4.1 new)

 

 

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1    Sec. 4.1. Possession of concentrated cannabis prohibited.
2It is unlawful for any person knowingly to possess concentrated
3cannabis. Any person who violates this Section with respect to:
4    (1) less than 1 gram of any substance containing
5concentrated cannabis is guilty of a Class 4 felony;
6    (2) 1 gram or more but not more than 4 grams of any
7substance containing concentrated cannabis is guilty of a Class
83 felony;
9    (3) more than 4 grams but not more than 400 grams of any
10substance containing concentrated cannabis is guilty of a Class
112 felony;
12    (4) more than 400 grams of any substance containing
13concentrated cannabis is guilty of a Class 1 felony.
 
14    (720 ILCS 550/5.01 new)
15    Sec. 5.01. Manufacture or delivery of concentrated
16cannabis prohibited. It is unlawful for any person knowingly to
17manufacture, deliver, or possess with intent to deliver, or
18manufacture, concentrated cannabis. Any person who violates
19this Section with respect to:
20    (1) less than 1 gram of any substance containing
21concentrated cannabis is guilty of a Class 3 felony;
22    (2) 1 or more grams but not more than 4 grams of any
23substance containing concentrated cannabis is guilty of a Class
242 felony;
25    (3) more than 4 grams but not more than 400 grams of any

 

 

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1substance containing concentrated cannabis is guilty of a Class
21 felony;
3    (4) more than 400 grams of any substance containing
4concentrated cannabis is guilty of a Class X felony.
 
5    (720 ILCS 550/10.4 new)
6    Sec. 10.4. Violations of Act requiring emergency response;
7restitution.
8    (a) If a person commits a violation of this Act in a manner
9that requires an emergency response, the person shall be
10required to make restitution to all public entities involved in
11the emergency response, to cover the reasonable cost of their
12participation in the emergency response, including but not
13limited to regular and overtime costs incurred by local law
14enforcement agencies and private contractors paid by the public
15agencies in securing the site. The convicted person shall make
16this restitution in addition to any other fine or penalty
17required by law.
18    (b) Any restitution payments made under this Section shall
19be disbursed equitably by the circuit clerk in the following
20order:
21        (1) first, to the agency responsible for the mitigation
22    of the incident;
23        (2) second, to the local agencies involved in the
24    emergency response;
25        (3) third, to the State agencies involved in the

 

 

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1    emergency response; and
2        (4) fourth, to the federal agencies involved in the
3    emergency response.
4    (c) In addition to any other penalties and liabilities, a
5person who is convicted of violating any Section of this Act,
6whose violation proximately caused any incident resulting in an
7appropriate emergency response, shall be assessed a fine of
8$2,500, payable to the circuit clerk, who shall distribute the
9money to the law enforcement agency responsible for the
10mitigation of the incident. If the person has been previously
11convicted of violating any Section of this Act, the fine shall
12be $5,000 and the circuit clerk shall distribute the money to
13the law enforcement agency responsible for the mitigation of
14the incident. In the event that more than one agency is
15responsible for an arrest which does not require mitigation,
16the amount payable to law enforcement agencies shall be shared
17equally. Any moneys received by a law enforcement agency under
18this Section shall be used for law enforcement expenses. Any
19moneys collected for the Department of State Police shall be
20deposited into the Traffic and Criminal Conviction Surcharge
21Fund.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 550/3from Ch. 56 1/2, par. 703
4    720 ILCS 550/4.1 new
5    720 ILCS 550/5.01 new
6    720 ILCS 550/10.4 new