State of Illinois
90th General Assembly
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90_HB2176

      720 ILCS 550/3            from Ch. 56 1/2, par. 703
          Amends  the  Cannabis  Control  Act.   Makes  grammatical
      changes in definition Section of the Act.
                                                     LRB9004440RCks
                                               LRB9004440RCks
 1        AN ACT to amend the  Cannabis  Control  Act  by  changing
 2    Section 3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  Cannabis  Control  Act  is  amended  by
 6    changing Section 3 as follows:
 7        (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
 8        (Text of Section before amendment by P.A. 89-507)
 9        Sec.  3.   As  used  In  this  Act,  unless  the  context
10    otherwise requires:
11        (a)  "Cannabis"  includes  marihuana,  hashish  and other
12    substances which are identified as including any parts of the
13    plant Cannabis Sativa, whether  growing  or  not;  the  seeds
14    thereof, the resin extracted from any part of such plant; and
15    any  compound,  manufacture,  salt,  derivative,  mixture, or
16    preparation of such plant, its  seeds,  or  resin,  including
17    tetrahydrocannabinol   (THC)   and   all   other   cannabinol
18    derivatives,    including    its   naturally   occurring   or
19    synthetically produced ingredients, whether produced directly
20    or indirectly by extraction, or  independently  by  means  of
21    chemical  synthesis  or  by  a  combination of extraction and
22    chemical synthesis; but shall not include the  mature  stalks
23    of  such  plant, fiber produced from such stalks, oil or cake
24    made from the  seeds  of  such  plant,  any  other  compound,
25    manufacture,  salt,  derivative,  mixture,  or preparation of
26    such mature stalks (except the  resin  extracted  therefrom),
27    fiber,  oil  or  cake,  or  the sterilized seed of such plant
28    which is incapable of germination.
29        (b)  "Casual delivery" means the  delivery  of  not  more
30    than  10  grams  of any substance containing cannabis without
31    consideration.
                            -2-                LRB9004440RCks
 1        (c)  "Department"  means  the  Illinois   Department   of
 2    Alcoholism  and  Substance  Abuse of the State of Illinois or
 3    its successor agency.
 4        (d)  "Deliver"   or   "delivery"   means   the    actual,
 5    constructive or attempted transfer of possession of cannabis,
 6    with  or  without  consideration,  whether or not there is an
 7    agency relationship.
 8        (e)  "Department of State Police" means the Department of
 9    State Police of  the  State  of  Illinois  or  its  successor
10    agency.
11        (f)  "Director"  means  the Director of the Department of
12    State Police or his designated agent.
13        (g)  "Local authorities" means a  duly  organized  State,
14    county, or municipal peace unit or police force.
15        (h)  "Manufacture"  means  the  production,  preparation,
16    propagation,   compounding,   conversion   or  processing  of
17    cannabis, either directly or indirectly, by  extraction  from
18    substances  of  natural  origin, or independently by means of
19    chemical synthesis, or by a  combination  of  extraction  and
20    chemical synthesis, and includes any packaging or repackaging
21    of  cannabis  or  labeling of its container, except that this
22    term  does  not   include   the   preparation,   compounding,
23    packaging,  or  labeling of cannabis as an incident to lawful
24    research, teaching, or chemical analysis and not for sale.
25        (i)  "Person"   means   any   individual,    corporation,
26    government  or  governmental  subdivision or agency, business
27    trust, estate, trust,  partnership  or  association,  or  any
28    other entity.
29        (j)  "Produce"    or    "production"    means   planting,
30    cultivating, tending or harvesting.
31        (k)  "State" includes  the  State  of  Illinois  and  any
32    state,  district, commonwealth, territory, insular possession
33    thereof, and any area subject to the legal authority  of  the
34    United States of America.
                            -3-                LRB9004440RCks
 1        (l)  "Subsequent  offense"  means  an  offense under this
 2    Act, the offender of which, prior to his  conviction  of  the
 3    offense,  has  at  any  time been convicted under this Act or
 4    under any laws of the United States or of any state  relating
 5    to  cannabis,  or  any controlled substance as defined in the
 6    Illinois Controlled Substances Act.
 7    (Source: P.A. 84-25.)
 8        (Text of Section after amendment by P.A. 89-507)
 9        Sec.  3.   As  used  In  this  Act,  unless  the  context
10    otherwise requires:
11        (a)  "Cannabis" includes  marihuana,  hashish  and  other
12    substances which are identified as including any parts of the
13    plant  Cannabis  Sativa,  whether  growing  or not; the seeds
14    thereof, the resin extracted from any part of such plant; and
15    any compound,  manufacture,  salt,  derivative,  mixture,  or
16    preparation  of  such  plant,  its seeds, or resin, including
17    tetrahydrocannabinol   (THC)   and   all   other   cannabinol
18    derivatives,   including   its   naturally    occurring    or
19    synthetically produced ingredients, whether produced directly
20    or  indirectly  by  extraction,  or independently by means of
21    chemical synthesis or by  a  combination  of  extraction  and
22    chemical  synthesis;  but shall not include the mature stalks
23    of such plant, fiber produced from such stalks, oil  or  cake
24    made  from  the  seeds  of  such  plant,  any other compound,
25    manufacture, salt, derivative,  mixture,  or  preparation  of
26    such  mature  stalks  (except the resin extracted therefrom),
27    fiber, oil or cake, or the  sterilized  seed  of  such  plant
28    which is incapable of germination.
29        (b)  "Casual  delivery"  means  the  delivery of not more
30    than 10 grams of any substance  containing  cannabis  without
31    consideration.
32        (c)  "Department"  means the Illinois Department of Human
33    Services (as successor to the Department  of  Alcoholism  and
34    Substance Abuse) or its successor agency.
                            -4-                LRB9004440RCks
 1        (d)  "Deliver"    or   "delivery"   means   the   actual,
 2    constructive or attempted transfer of possession of cannabis,
 3    with or without consideration, whether or  not  there  is  an
 4    agency relationship.
 5        (e)  "Department of State Police" means the Department of
 6    State  Police  of  the  State  of  Illinois  or its successor
 7    agency.
 8        (f)  "Director" means the Director of the  Department  of
 9    State Police or his designated agent.
10        (g)  "Local  authorities"  means  a duly organized State,
11    county, or municipal peace unit or police force.
12        (h)  "Manufacture"  means  the  production,  preparation,
13    propagation,  compounding,  conversion   or   processing   of
14    cannabis,  either  directly or indirectly, by extraction from
15    substances of natural origin, or independently  by  means  of
16    chemical  synthesis,  or  by  a combination of extraction and
17    chemical synthesis, and includes any packaging or repackaging
18    of cannabis or labeling of its container,  except  that  this
19    term   does   not   include   the  preparation,  compounding,
20    packaging, or labeling of cannabis as an incident  to  lawful
21    research, teaching, or chemical analysis and not for sale.
22        (i)  "Person"    means   any   individual,   corporation,
23    government or governmental subdivision  or  agency,  business
24    trust,  estate,  trust,  partnership  or  association, or any
25    other entity.
26        (j)  "Produce"   or    "production"    means    planting,
27    cultivating, tending or harvesting.
28        (k)  "State"  includes  the  State  of  Illinois  and any
29    state, district, commonwealth, territory, insular  possession
30    thereof,  and  any area subject to the legal authority of the
31    United States of America.
32        (l)  "Subsequent offense" means  an  offense  under  this
33    Act,  the  offender  of which, prior to his conviction of the
34    offense, has at any time been convicted  under  this  Act  or
                            -5-                LRB9004440RCks
 1    under  any laws of the United States or of any state relating
 2    to cannabis, or any controlled substance as  defined  in  the
 3    Illinois Controlled Substances Act.
 4    (Source: P.A. 89-507, eff. 7-1-97.)

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