|
|
Public Act 095-0247
|
| HB1684 Enrolled |
LRB095 04888 RLC 24952 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Cannabis Control Act is amended by changing |
Section 8 as follows:
|
(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
|
Sec. 8. It is unlawful for any person knowingly to produce |
the
cannabis sativa plant or to possess such plants unless |
production or possession
has been authorized pursuant to the |
provisions of Section 11 of the Act.
Any person who violates |
this Section with respect to production or possession of:
|
(a) Not more than 5 plants is guilty of a Class A |
misdemeanor.
|
(b) More than 5, but not more than 20 plants, is guilty
of |
a Class 4 felony.
|
(c) More than 20, but not more than 50 plants, is
guilty of |
a Class 3 felony.
|
(d) More than 50, but not more than 200 plants, is guilty |
of a Class 2 felony for which
a fine not to exceed $100,000 may |
be imposed and for which liability for
the cost of conducting |
the investigation and eradicating such plants may be
assessed. |
Compensation for expenses incurred in the enforcement of this
|
provision shall be transmitted to and deposited in the |
|
treasurer's office
at the level of government represented by |
the Illinois law enforcement
agency whose officers or employees |
conducted the investigation or caused
the arrest or arrests |
leading to the prosecution, to be subsequently made
available |
to that law enforcement agency as expendable receipts for use |
in
the enforcement of laws regulating controlled substances and |
cannabis. If
such seizure was made by a combination of law |
enforcement personnel
representing different levels of |
government, the court levying the
assessment shall determine |
the allocation of such assessment. The proceeds
of assessment |
awarded to the State treasury shall be deposited in a special
|
fund known as the Drug Traffic Prevention Fund. |
(e) More than 200 plants is guilty of a Class 1 felony for |
which
a fine not to exceed $100,000 may be imposed and for |
which liability for
the cost of conducting the investigation |
and eradicating such plants may be
assessed. Compensation for |
expenses incurred in the enforcement of this
provision shall be |
transmitted to and deposited in the treasurer's office
at the |
level of government represented by the Illinois law enforcement
|
agency whose officers or employees conducted the investigation |
or caused
the arrest or arrests leading to the prosecution, to |
be subsequently made
available to that law enforcement agency |
as expendable receipts for use in
the enforcement of laws |
regulating controlled substances and cannabis. If
such seizure |
was made by a combination of law enforcement personnel
|
representing different levels of government, the court levying |