HB4299 98TH GENERAL ASSEMBLY

LRB098 17448 RLC 52551 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4299

Introduced , by Rep. Christian L. Mitchell

SYNOPSIS AS INTRODUCED:

720 ILCS 550/4	from Ch. 56 1/2, par. 704
720 ILCS 550/5	from Ch. 56 1/2, par. 705
720 ILCS 550/8	from Ch. 56 1/2, par. 708

Amends the Cannabis Control Act. Provides that the knowing possession of not more than 10 grams of any substance containing cannabis is a petty offense with a fine not exceeding $100 (rather than a Class C or B misdemeanor). Provides that the knowing possession of more than 10 grams but not more than 30 grams of any substance containing cannabis is a petty offense with a fine not exceeding $100 for a first offense (rather than a Class A misdemeanor) and a Class A misdemeanor for a subsequent offense (rather than a Class 4 felony). Provides that the knowing possession of more than 30 grams but not more than 500 grams of any substance containing cannabis is a Class A misdemeanor (rather than a Class 4 felony). Provides that the knowing manufacture, delivery, or possession with intent to deliver, or manufacture of not more than 10 grams of any substance containing cannabis is a petty offense with a fine not to exceed $100 (rather than a Class B or A misdemeanor). Provides that the knowing manufacture, delivery, or possession with intent to deliver, or manufacture of more than 10 grams but nor more than 30 grams of any substance containing cannabis is a Class A misdemeanor (rather than a Class 4 felony). Provides that the production or possession of not more than 5 cannabis sativa plants is a petty offense with a fine not exceeding $100 (rather than a Class A misdemeanor). Provides that the production or possession of more than 5 but not more than 20 cannabis sativa plants is a Class A misdemeanor (rather than a Class 4 felony).

A BILL FOR

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 Sections 4, 5, and 8 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 10 2.5 grams of any substance containing cannabis is guilty of a petty offense and shall be fined not to exceed $100 Class C misdemeanor;

(b) (blank); 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 petty offense and shall be fined not to exceed $100 Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class A misdemeanor 4 felony;

(d) more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class A misdemeanor 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. 90-397, eff. 8-15-97.)

(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 10 2.5 grams of any substance containing cannabis is guilty of a petty offense and shall be fined not to exceed $100 Class B misdemeanor;

(b)(blank); 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 A misdemeanor 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. 90-397, eff. 8-15-97.)

(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 petty offense and shall be fined not to exceed $100 Class A misdemeanor.

(b) More than 5, but not more than 20 plants, is guilty of a Class A misdemeanor 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. 95-247, eff. 1-1-08.)