HB4299 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4299

 

Introduced , by Rep. Christian L. Mitchell

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/4  from Ch. 56 1/2, par. 704
720 ILCS 550/5  from Ch. 56 1/2, par. 705
720 ILCS 550/8  from Ch. 56 1/2, par. 708

    Amends the Cannabis Control Act. Provides that the knowing possession of not more than 10 grams of any substance containing cannabis is a petty offense with a fine not exceeding $100 (rather than a Class C or B misdemeanor). Provides that the knowing possession of more than 10 grams but not more than 30 grams of any substance containing cannabis is a petty offense with a fine not exceeding $100 for a first offense (rather than a Class A misdemeanor) and a Class A misdemeanor for a subsequent offense (rather than a Class 4 felony). Provides that the knowing possession of more than 30 grams but not more than 500 grams of any substance containing cannabis is a Class A misdemeanor (rather than a Class 4 felony). Provides that the knowing manufacture, delivery, or possession with intent to deliver, or manufacture of not more than 10 grams of any substance containing cannabis is a petty offense with a fine not to exceed $100 (rather than a Class B or A misdemeanor). Provides that the knowing manufacture, delivery, or possession with intent to deliver, or manufacture of more than 10 grams but nor more than 30 grams of any substance containing cannabis is a Class A misdemeanor (rather than a Class 4 felony). Provides that the production or possession of not more than 5 cannabis sativa plants is a petty offense with a fine not exceeding $100 (rather than a Class A misdemeanor). Provides that the production or possession of more than 5 but not more than 20 cannabis sativa plants is a Class A misdemeanor (rather than a Class 4 felony).


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A BILL FOR

 

HB4299LRB098 17448 RLC 52551 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
5Sections 4, 5, and 8 as follows:
 
6    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
7    Sec. 4. It is unlawful for any person knowingly to possess
8cannabis. Any person who violates this section with respect to:
9        (a) not more than 10 2.5 grams of any substance
10    containing cannabis is guilty of a petty offense and shall
11    be fined not to exceed $100 Class C misdemeanor;
12        (b) (blank); more than 2.5 grams but not more than 10
13    grams of any substance containing cannabis is guilty of a
14    Class B misdemeanor;
15        (c) more than 10 grams but not more than 30 grams of
16    any substance containing cannabis is guilty of a petty
17    offense and shall be fined not to exceed $100 Class A
18    misdemeanor; provided, that if any offense under this
19    subsection (c) is a subsequent offense, the offender shall
20    be guilty of a Class A misdemeanor 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 A
23    misdemeanor 4 felony; provided that if any offense under

 

 

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1    this subsection (d) is a subsequent offense, the offender
2    shall be guilty 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 550/5)  (from Ch. 56 1/2, par. 705)
13    Sec. 5. It is unlawful for any person knowingly to
14manufacture, deliver, or possess with intent to deliver, or
15manufacture, cannabis. Any person who violates this section
16with respect to:
17    (a) not more than 10 2.5 grams of any substance containing
18cannabis is guilty of a petty offense and shall be fined not to
19exceed $100 Class B misdemeanor;
20    (b)(blank); more than 2.5 grams but not more than 10 grams
21of any substance containing cannabis is guilty of a Class A
22misdemeanor;
23    (c) more than 10 grams but not more than 30 grams of any
24substance containing cannabis is guilty of a Class A
25misdemeanor 4 felony;

 

 

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1    (d) more than 30 grams but not more than 500 grams of any
2substance containing cannabis is guilty of a Class 3 felony for
3which a fine not to exceed $50,000 may be imposed;
4    (e) more than 500 grams but not more than 2,000 grams of
5any substance containing cannabis is guilty of a Class 2 felony
6for which a fine not to exceed $100,000 may be imposed;
7    (f) more than 2,000 grams but not more than 5,000 grams of
8any substance containing cannabis is guilty of a Class 1 felony
9for which a fine not to exceed $150,000 may be imposed;
10    (g) more than 5,000 grams of any substance containing
11cannabis is guilty of a Class X felony for which a fine not to
12exceed $200,000 may be imposed.
13(Source: P.A. 90-397, eff. 8-15-97.)
 
14    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
15    Sec. 8. It is unlawful for any person knowingly to produce
16the cannabis sativa plant or to possess such plants unless
17production or possession has been authorized pursuant to the
18provisions of Section 11 of the Act. Any person who violates
19this Section with respect to production or possession of:
20    (a) Not more than 5 plants is guilty of a petty offense and
21shall be fined not to exceed $100 Class A misdemeanor.
22    (b) More than 5, but not more than 20 plants, is guilty of
23a Class A misdemeanor 4 felony.
24    (c) More than 20, but not more than 50 plants, is guilty of
25a Class 3 felony.

 

 

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1    (d) More than 50, but not more than 200 plants, is guilty
2of a Class 2 felony for which a fine not to exceed $100,000 may
3be imposed and for which liability for the cost of conducting
4the investigation and eradicating such plants may be assessed.
5Compensation for expenses incurred in the enforcement of this
6provision shall be transmitted to and deposited in the
7treasurer's office at the level of government represented by
8the Illinois law enforcement agency whose officers or employees
9conducted the investigation or caused the arrest or arrests
10leading to the prosecution, to be subsequently made available
11to that law enforcement agency as expendable receipts for use
12in the enforcement of laws regulating controlled substances and
13cannabis. If such seizure was made by a combination of law
14enforcement personnel representing different levels of
15government, the court levying the assessment shall determine
16the allocation of such assessment. The proceeds of assessment
17awarded to the State treasury shall be deposited in a special
18fund known as the Drug Traffic Prevention Fund.
19    (e) More than 200 plants is guilty of a Class 1 felony for
20which a fine not to exceed $100,000 may be imposed and for
21which liability for the cost of conducting the investigation
22and eradicating such plants may be assessed. Compensation for
23expenses incurred in the enforcement of this provision shall be
24transmitted to and deposited in the treasurer's office at the
25level of government represented by the Illinois law enforcement
26agency whose officers or employees conducted the investigation

 

 

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1or caused the arrest or arrests leading to the prosecution, to
2be subsequently made available to that law enforcement agency
3as expendable receipts for use in the enforcement of laws
4regulating controlled substances and cannabis. If such seizure
5was made by a combination of law enforcement personnel
6representing different levels of government, the court levying
7the assessment shall determine the allocation of such
8assessment. The proceeds of assessment awarded to the State
9treasury shall be deposited in a special fund known as the Drug
10Traffic Prevention Fund.
11(Source: P.A. 95-247, eff. 1-1-08.)