Public Act 90-0397 of the 90th General Assembly
Public Act 90-0397
SB14 Enrolled LRB9000800RCks
AN ACT in relation to cannabis and controlled substances.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 40-5 as
follows:
(20 ILCS 301/40-5)
Sec. 40-5. Election of treatment. An addict or
alcoholic who is charged with or convicted of a crime may
elect treatment under the supervision of a licensed program
designated by the Department, referred to in this Article as
"designated program", unless:
(1) the crime is a crime of violence;
(2) the crime is a violation of Section 401(a),
401(b), 401(c) where the person electing treatment has
been previously convicted of a non-probationable felony
or the violation is non-probationable, 401(d) where the
violation is non-probationable, 401.1, 402(a), 405 or 407
of the Illinois Controlled Substances Act, or Section
4(d), 4(e), 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or
9 of the Cannabis Control Act;
(3) the person has a record of 2 or more
convictions of a crime of violence;
(4) other criminal proceedings alleging commission
of a felony are pending against the person;
(5) the person is on probation or parole and the
appropriate parole or probation authority does not
consent to that election;
(6) the person elected and was admitted to a
designated program on 2 prior occasions within any
consecutive 2-year period;
(7) the person has been convicted of residential
burglary and has a record of one or more felony
convictions;
(8) the crime is a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of a
local ordinance; or
(9) the crime is a reckless homicide or a reckless
homicide of an unborn child, as defined in Section 9-3 or
9-3.2 of the Criminal Code of 1961, in which the cause of
death consists of the driving of a motor vehicle by a
person under the influence of alcohol or any other drug
or drugs at the time of the violation.
(Source: P.A. 88-80; incorporates 88-98; 88-670, eff.
12-2-94.)
Section 5. The Cannabis Control Act is amended by
changing Sections 4, 5, and 5.1 as follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. It is unlawful for any person knowingly to
possess cannabis. Any person who violates this section with
respect to:
(a) not more than 2.5 grams of any substance containing
cannabis is guilty of a Class C misdemeanor;
(b) more than 2.5 grams but not more than 10 grams of
any substance containing cannabis is guilty of a Class B
misdemeanor;
(c) more than 10 grams but not more than 30 grams of any
substance containing cannabis is guilty of a Class A
misdemeanor; provided, that if any offense under this
subsection (c) is a subsequent offense, the offender shall be
guilty of a Class 4 felony;
(d) more than 30 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class 4
felony; provided that if any offense under this subsection
(d) is a subsequent offense, the offender shall be guilty of
a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams of
any substance containing cannabis is guilty of a Class 3
felony;.
(f) more than 2,000 grams but not more than 5,000 grams
of any substance containing cannabis is guilty of a Class 2
felony;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 1 felony.
(Source: P.A. 78-255.)
(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
Sec. 5. It is unlawful for any person knowingly to
manufacture, deliver, or possess with intent to deliver, or
manufacture, cannabis. Any person who violates this section
with respect to:
(a) not more than 2.5 grams of any substance containing
cannabis is guilty of a Class B misdemeanor;
(b) more than 2.5 grams but not more than 10 grams of
any substance containing cannabis is guilty of a Class A
misdemeanor;
(c) more than 10 grams but not more than 30 grams of any
substance containing cannabis is guilty of a Class 4 felony;
(d) more than 30 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class 3
felony for which a fine not to exceed $50,000 may be imposed;
(e) more than 500 grams but not more than 2,000 grams of
any substance containing cannabis is guilty of a Class 2
felony for which a fine not to exceed $100,000 may be
imposed;.
(f) more than 2,000 grams but not more than 5,000 grams
of any substance containing cannabis is guilty of a Class 1
felony for which a fine not to exceed $150,000 may be
imposed;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class X felony for which a fine not
to exceed $200,000 may be imposed.
(Source: P.A. 83-778.)
(720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
Sec. 5.1. Cannabis Trafficking. (a) Except for purposes
authorized by this Act, any person who knowingly brings or
causes to be brought into this State for the purpose of
manufacture or delivery or with the intent to manufacture or
deliver 2,500 grams or more of cannabis in this State or any
other state or country is guilty of cannabis trafficking.
(b) A person convicted of cannabis trafficking shall be
sentenced to a term of imprisonment not less than twice the
minimum term and fined an amount as authorized by subsection
(f) or (g) (e) of Section 5 of this Act, based upon the
amount of cannabis brought or caused to be brought into this
State, and not more than twice the maximum term of
imprisonment and fined twice the amount as authorized by
subsection (f) or (g) (e) of Section 5 of this Act, based
upon the amount of cannabis brought or caused to be brought
into this State.
(Source: P.A. 85-1388.)
Section 99. Effective date. This Act takes effect upon
becoming law.