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Public Act 094-0180
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| HB0804 Enrolled |
LRB094 03651 RLC 33656 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Cannabis Control Act is amended by adding |
Section 16.2 as follows:
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(720 ILCS 550/16.2 new) |
Sec. 16.2. Preservation of cannabis or cannabis sativa |
plants for laboratory testing. |
(a) Before or after the trial in a prosecution for a |
violation of Section 4, 5, 5.1, 5.2, 8, or 9 of this Act, a law |
enforcement agency or an agent acting on behalf of the law |
enforcement agency must preserve, subject to a continuous chain |
of custody, not less than 6,001 grams of any substance |
containing cannabis and not less than 51 cannabis sativa plants |
with respect to the offenses enumerated in this subsection (a) |
and must maintain sufficient documentation to locate that |
evidence. Excess quantities with respect to the offenses |
enumerated in this subsection (a) cannot practicably be |
retained by a law enforcement agency because of its size, bulk, |
and physical character. |
(b) The court may before trial transfer excess quantities |
of any substance containing cannabis or cannabis sativa plants |
with respect to a prosecution for any offense enumerated in |
subsection (a) to the sheriff of the county, or may in its |
discretion transfer such evidence to the Department of State |
Police, for destruction after notice is given to the |
defendant's attorney of record or to the defendant if the |
defendant is proceeding pro se. |
(c) After a judgment of conviction is entered and the |
charged quantity is no longer needed for evidentiary purposes |
with respect to a prosecution for any offense enumerated in |
subsection (a), the court may transfer any substance containing |