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
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.
(Source: P.A. 84-1233.)

Effective Date: 1/1/2008