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90_SB0014enr
720 ILCS 550/4 from Ch. 56 1/2, par. 704
720 ILCS 550/5 from Ch. 56 1/2, par. 705
720 ILCS 550/5.1 from Ch. 56 1/2, par. 705.1
Amends the Cannabis Control Act. Reenacts the provisions
of Article 4 of Public Act 89-428 relating to the penalties
for the manufacture and possession of more than 2,000 grams
of cannabis. (Public Act 89-428 was declared
unconstitutional by the Cook County Circuit Court).
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1 AN ACT in relation to cannabis and controlled substances.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Alcoholism and Other Drug Abuse and
5 Dependency Act is amended by changing Section 40-5 as
6 follows:
7 (20 ILCS 301/40-5)
8 Sec. 40-5. Election of treatment. An addict or
9 alcoholic who is charged with or convicted of a crime may
10 elect treatment under the supervision of a licensed program
11 designated by the Department, referred to in this Article as
12 "designated program", unless:
13 (1) the crime is a crime of violence;
14 (2) the crime is a violation of Section 401(a),
15 401(b), 401(c) where the person electing treatment has
16 been previously convicted of a non-probationable felony
17 or the violation is non-probationable, 401(d) where the
18 violation is non-probationable, 401.1, 402(a), 405 or 407
19 of the Illinois Controlled Substances Act, or Section
20 4(d), 4(e), 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or
21 9 of the Cannabis Control Act;
22 (3) the person has a record of 2 or more
23 convictions of a crime of violence;
24 (4) other criminal proceedings alleging commission
25 of a felony are pending against the person;
26 (5) the person is on probation or parole and the
27 appropriate parole or probation authority does not
28 consent to that election;
29 (6) the person elected and was admitted to a
30 designated program on 2 prior occasions within any
31 consecutive 2-year period;
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1 (7) the person has been convicted of residential
2 burglary and has a record of one or more felony
3 convictions;
4 (8) the crime is a violation of Section 11-501 of
5 the Illinois Vehicle Code or a similar provision of a
6 local ordinance; or
7 (9) the crime is a reckless homicide or a reckless
8 homicide of an unborn child, as defined in Section 9-3 or
9 9-3.2 of the Criminal Code of 1961, in which the cause of
10 death consists of the driving of a motor vehicle by a
11 person under the influence of alcohol or any other drug
12 or drugs at the time of the violation.
13 (Source: P.A. 88-80; incorporates 88-98; 88-670, eff.
14 12-2-94.)
15 Section 5. The Cannabis Control Act is amended by
16 changing Sections 4, 5, and 5.1 as follows:
17 (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
18 Sec. 4. It is unlawful for any person knowingly to
19 possess cannabis. Any person who violates this section with
20 respect to:
21 (a) not more than 2.5 grams of any substance containing
22 cannabis is guilty of a Class C misdemeanor;
23 (b) more than 2.5 grams but not more than 10 grams of
24 any substance containing cannabis is guilty of a Class B
25 misdemeanor;
26 (c) more than 10 grams but not more than 30 grams of any
27 substance containing cannabis is guilty of a Class A
28 misdemeanor; provided, that if any offense under this
29 subsection (c) is a subsequent offense, the offender shall be
30 guilty of a Class 4 felony;
31 (d) more than 30 grams but not more than 500 grams of
32 any substance containing cannabis is guilty of a Class 4
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1 felony; provided that if any offense under this subsection
2 (d) is a subsequent offense, the offender shall be guilty of
3 a Class 3 felony;
4 (e) more than 500 grams but not more than 2,000 grams of
5 any substance containing cannabis is guilty of a Class 3
6 felony;.
7 (f) more than 2,000 grams but not more than 5,000 grams
8 of any substance containing cannabis is guilty of a Class 2
9 felony;
10 (g) more than 5,000 grams of any substance containing
11 cannabis is guilty of a Class 1 felony.
12 (Source: P.A. 78-255.)
13 (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
14 Sec. 5. It is unlawful for any person knowingly to
15 manufacture, deliver, or possess with intent to deliver, or
16 manufacture, cannabis. Any person who violates this section
17 with respect to:
18 (a) not more than 2.5 grams of any substance containing
19 cannabis is guilty of a Class B misdemeanor;
20 (b) more than 2.5 grams but not more than 10 grams of
21 any substance containing cannabis is guilty of a Class A
22 misdemeanor;
23 (c) more than 10 grams but not more than 30 grams of any
24 substance containing cannabis is guilty of a Class 4 felony;
25 (d) more than 30 grams but not more than 500 grams of
26 any substance containing cannabis is guilty of a Class 3
27 felony for which a fine not to exceed $50,000 may be imposed;
28 (e) more than 500 grams but not more than 2,000 grams of
29 any substance containing cannabis is guilty of a Class 2
30 felony for which a fine not to exceed $100,000 may be
31 imposed;.
32 (f) more than 2,000 grams but not more than 5,000 grams
33 of any substance containing cannabis is guilty of a Class 1
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1 felony for which a fine not to exceed $150,000 may be
2 imposed;
3 (g) more than 5,000 grams of any substance containing
4 cannabis is guilty of a Class X felony for which a fine not
5 to exceed $200,000 may be imposed.
6 (Source: P.A. 83-778.)
7 (720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
8 Sec. 5.1. Cannabis Trafficking. (a) Except for purposes
9 authorized by this Act, any person who knowingly brings or
10 causes to be brought into this State for the purpose of
11 manufacture or delivery or with the intent to manufacture or
12 deliver 2,500 grams or more of cannabis in this State or any
13 other state or country is guilty of cannabis trafficking.
14 (b) A person convicted of cannabis trafficking shall be
15 sentenced to a term of imprisonment not less than twice the
16 minimum term and fined an amount as authorized by subsection
17 (f) or (g) (e) of Section 5 of this Act, based upon the
18 amount of cannabis brought or caused to be brought into this
19 State, and not more than twice the maximum term of
20 imprisonment and fined twice the amount as authorized by
21 subsection (f) or (g) (e) of Section 5 of this Act, based
22 upon the amount of cannabis brought or caused to be brought
23 into this State.
24 (Source: P.A. 85-1388.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.