CANNABIS PENALTIES House SponsorsRep. Kelly M. Cassidy-Ron Sandack-Michael J. Zalewski-Ed Sullivan-Pamela Reaves-Harris, Kenneth Dunkin, Lou Lang, Robert Martwick, Carol Ammons, Will Guzzardi, Arthur Turner, Christian L. Mitchell, Mary E. Flowers, La Shawn K. Ford, Eddie Lee Jackson, Sr. and Barbara Flynn Currie Senate Sponsors(Sen. Michael Noland-Jacqueline Y. Collins, Patricia Van Pelt-Mattie Hunter, William Delgado-Napoleon Harris, III-Kwame Raoul, Heather A. Steans, Toi W. Hutchinson, Kimberly A. Lightford and Donne E. Trotter) 9/9/2015HouseBill Dead - No Positive Action Taken - Amendatory Veto 720 ILCS 550/1from Ch. 56 1/2, par. 701720 ILCS 550/4from Ch. 56 1/2, par. 704720 ILCS 550/9from Ch. 56 1/2, par. 709720 ILCS 550/10from Ch. 56 1/2, par. 710725 ILCS 5/111-3.1 new Amends the Cannabis Control Act. Provides that the knowing possession of not more than 30 grams of any substance containing cannabis is a petty offense charged by a Uniform Cannabis Ticket with a fine of $100 (rather than a Class C misdemeanor for 2.5 grams or less, a Class B misdemeanor for more than 2.5 grams to 10 grams, and a Class A misdemeanor for more than 10 grams to 30 grams). Provides that knowing possession of more than 30 grams but not more than 500 grams of any substance containing cannabis is a Class A misdemeanor for a first offense (rather than a Class 4 felony) and a Class 4 felony for a subsequent offense (rather than a Class 3 felony). Amends the Code of Criminal Procedure of 1963. Establishes procedures concerning the Uniform Cannabis Ticket.House Committee Amendment No. 1 Deletes reference to:720 ILCS 550/1720 ILCS 550/9725 ILCS 5/111-3.1 newAdds reference to:20 ILCS 2630/5.2720 ILCS 600/3.5Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that the Department of State Police and the local law enforcement agency shall automatically expunge, on or before January 1 of each year, the law enforcement records of a person convicted of a civil law violation of possessing 30 grams or less of cannabis or drug paraphernalia possessed by the person arrested on the cannabis charge in the Department's or law enforcement agency's possession or control and which contains the final disposition which pertain to the person when arrested for that offense. Amends the Cannabis Control Act. Provides that the possession of 30 grams or less of cannabis is a civil law violation punishable by a maximum fine of $125. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 30 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a maximum fine of $125. Provides for distribution of these fines.Correctional Note (Dept of Corrections) HB 218 would result in a decrease of 115 inmates with $29,335,700 in potential cost savings over the first ten years after enactment.Correctional Note, House Committee Amendment No. 1 (Dept of Corrections) HB 218 (H-AM 1) would result in a decrease of 115 inmates with $29,335,700 in potential cost savings over the first ten years after enactment.Fiscal Note, House Committee Amendment No. 1 (Dept of Corrections) HB 218 (H-AM 1) would result in a decrease of 115 inmates with $29,335,700 in potential cost savings over the first ten years after enactment.House Floor Amendment No. 2 Deletes reference to:720 ILCS 550/10Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1. In the amendatory changes to the Cannabis Control Act: (1) provides that the possession of 15 grams or less of cannabis is a civil law violation punishable by a maximum fine of $125; provides that the possession of more than 15 grams but nor more than 30 grams of any substance containing cannabis is a Class B misdemeanor, more than 30 grams but not more than 100 grams is a Class A misdemeanor for a first offense and a Class 4 felony for a subsequent offense, and more than 100 grams but not more than 500 grams is a Class 4 felony for a first offense and a Class 3 felony for a subsequent offense: and (2) deletes the amendatory changes to the first-time probation provision.House Floor Amendment No. 3 Deletes reference to:720 ILCS 550/10Adds reference to:20 ILCS 2630/5.2410 ILCS 130/65620 ILCS 5/43dfrom Ch. 15 1/2, par. 22.43d620 ILCS 5/43efrom Ch. 15 1/2, par. 22.43e625 ILCS 5/2-118from Ch. 95 1/2, par. 2-118625 ILCS 5/2-118.1from Ch. 95 1/2, par. 2-118.1625 ILCS 5/6-106.1a625 ILCS 5/6-208.1from Ch. 95 1/2, par. 6-208.1625 ILCS 5/6-514from Ch. 95 1/2, par. 6-514625 ILCS 5/6-517from Ch. 95 1/2, par. 6-517625 ILCS 5/11-401from Ch. 95 1/2, par. 11-401625 ILCS 5/11-500from Ch. 95 1/2, par. 11-500625 ILCS 5/11-500.1625 ILCS 5/11-501from Ch. 95 1/2, par. 11-501625 ILCS 5/11-501.1625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2625 ILCS 5/11-501.4from Ch. 95 1/2, par. 11-501.4625 ILCS 5/11-501.4-1625 ILCS 5/11-501.6from Ch. 95 1/2, par. 11-501.6625 ILCS 5/11-501.8625 ILCS 5/11-507625 ILCS 40/5-7625 ILCS 40/5-7.1625 ILCS 40/5-7.4625 ILCS 40/5-7.6625 ILCS 45/5-16625 ILCS 45/5-16afrom Ch. 95 1/2, par. 315-11a625 ILCS 45/5-16a.1625 ILCS 45/5-16c705 ILCS 405/5-125720 ILCS 550/4from Ch. 56 1/2, par. 704720 ILCS 550/5.3 new720 ILCS 600/3.5725 ILCS 5/115-15725 ILCS 5/115-23 new730 ILCS 5/5-9-1.9Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1. In the amendatory changes to the Cannabis Control Act: (1) provides that the possession of 15 grams or less of cannabis is a civil law violation punishable by a minimum fine of $45 and a maximum fine of $125; (2) deletes the amendatory changes to the first-time probation provision; and (3) creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a person commits the offense when he or she knowingly engages in the possession, procurement, transportation, storage, or delivery of any equipment used in the manufacturing of any cannabis-based product using volatile or explosive gas, including, but not limited to canisters of butane gas, with the intent to manufacture, compound, covert, produce, derive, process, or prepare either directly or indirectly any cannabis-based product. Provides that a violation is a Class 2 felony. In the amendatory changes to the Criminal Identification Act, deletes provision that the law enforcement agency shall allow a person to use the Access and Review process, as established in the Department of State Police, for verifying that his or her law enforcement records eligible under this provision have been expunged; and provides that the law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. In the distribution of fines for civil law violations of the Cannabis Control Act and the Drug Paraphernalia Control Act, provides that with respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the State Police within one month after receipt for deposit into the State Police Operations Assistance Fund and with respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund. Amends the Juvenile Court Act of 1987 concerning the confidentiality of juvenile court and juvenile law enforcement records. Provides that the confidentiality applies to those records pertaining to civil law violations of the Cannabis Control Act and Drug Paraphernalia Control Act. Amends the Code of Criminal Procedure of 1963. Provides for the admissibility of cannabis into evidence based only on a properly administered field test or opinion testimony of a peace officer based on training and experience. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance of 15 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 25 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a concentration in any amount). Provides that when a person is charged with driving under the influence his or her bodily substance may be tested for the presence of alcohol or drugs. Provides Department of State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Department of State Police laboratories is subject to appropriation and until the Department of State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with specified testing standards. Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that if a person was convicted of a felony under the Cannabis Control Act or a similar provision of a local ordinance or of a law of another jurisdiction, and the action warranting that felony is no longer considered a felony after the effective date of the amendatory Act, that person shall be eligible to receive a registry identification card. Amends various other Acts to make conforming changes.House Floor Amendment No. 4 Deletes reference to:720 ILCS 550/10Adds reference to:410 ILCS 130/65620 ILCS 5/43dfrom Ch. 15 1/2, par. 22.43d620 ILCS 5/43efrom Ch. 15 1/2, par. 22.43e625 ILCS 5/2-118from Ch. 95 1/2, par. 2-118625 ILCS 5/2-118.1from Ch. 95 1/2, par. 2-118.1625 ILCS 5/6-106.1a625 ILCS 5/6-208.1from Ch. 95 1/2, par. 6-208.1625 ILCS 5/6-514from Ch. 95 1/2, par. 6-514625 ILCS 5/6-517from Ch. 95 1/2, par. 6-517625 ILCS 5/11-401from Ch. 95 1/2, par. 11-401625 ILCS 5/11-500from Ch. 95 1/2, par. 11-500625 ILCS 5/11-500.1625 ILCS 5/11-501from Ch. 95 1/2, par. 11-501625 ILCS 5/11-501.1625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2625 ILCS 5/11-501.4from Ch. 95 1/2, par. 11-501.4625 ILCS 5/11-501.4-1625 ILCS 5/11-501.6from Ch. 95 1/2, par. 11-501.6625 ILCS 5/11-501.8625 ILCS 5/11-507625 ILCS 40/5-7625 ILCS 40/5-7.1625 ILCS 40/5-7.2625 ILCS 40/5-7.4625 ILCS 40/5-7.6625 ILCS 45/5-16625 ILCS 45/5-16afrom Ch. 95 1/2, par. 315-11a625 ILCS 45/5-16a.1625 ILCS 45/5-16c705 ILCS 405/5-125720 ILCS 550/5.3 new720 ILCS 550/17.5 new725 ILCS 5/115-15725 ILCS 5/115-23 new730 ILCS 5/5-9-1.9Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1. In the amendatory changes to the Cannabis Control Act: (1) provides that the possession of 15 grams or less of cannabis is a civil law violation punishable by a minimum fine of $55 and a maximum fine of $125; (2) deletes the amendatory changes to the first-time probation provision; and (3) creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a person commits the offense when he or she knowingly engages in the possession, procurement, transportation, storage, or delivery of any equipment used in the manufacturing of any cannabis-based product using volatile or explosive gas, including, but not limited to canisters of butane gas, with the intent to manufacture, compound, covert, produce, derive, process, or prepare either directly or indirectly any cannabis-based product. Provides that a violation is a Class 2 felony. Provides that the provisions of any ordinance enacted by any municipality or unit of local government which imposes a fine upon cannabis other than as defined in the Cannabis Control Act are not invalidated or affected by this Act. In the amendatory changes to the Criminal Identification Act, deletes provision that the law enforcement agency shall allow a person to use the Access and Review process, as established in the Department of State Police, for verifying that his or her law enforcement records eligible under this provision have been expunged; and provides that the law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. In the distribution of fines for civil law violations of the Cannabis Control Act and the Drug Paraphernalia Control Act, provides that with respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the State Police within one month after receipt for deposit into the State Police Operations Assistance Fund and with respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund. Amends the Juvenile Court Act of 1987 concerning the confidentiality of juvenile court and juvenile law enforcement records. Provides that the confidentiality applies to those records pertaining to civil law violations of the Cannabis Control Act and Drug Paraphernalia Control Act. Amends the Code of Criminal Procedure of 1963. Provides for the admissibility of cannabis into evidence based only on a properly administered field test or opinion testimony of a peace officer based on training and experience. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 15 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 25 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount). Prohibits a person who is not a CDL holder to accompany or provide instruction, as provided under the Code, to a driver who is a minor and driving a motor vehicle under an instruction permit, while he or she has either 15 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 25 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance (rather than prohibited from supervising a minor if the person has any amount of cannabis in his or blood). Provides that when a person is charged with driving under the influence his or her bodily substance may be tested for the presence of alcohol or drugs. Provides Department of State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Department of State Police laboratories is subject to appropriation and until the Department of State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with specified testing standards. Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that if a person was convicted of a felony under the Cannabis Control Act or a similar provision of a local ordinance or of a law of another jurisdiction, and the action warranting that felony is no longer considered a felony after the effective date of the amendatory Act, that person shall be eligible to receive a registry identification card. Amends various other Acts to make conforming changes.Governor Amendatory Veto Message Recommends: changing provisions concerning the presumption of a driver of a motor vehicle being under the influence of cannabis based on tetrahydrocannabinol concentration; changing the maximum amount of cannabis for which a civil penalty instead of a criminal penalty shall be imposed; changing certain fines; changing provisions regarding expungement of court records of certain cannabis or drug paraphernalia violations; and incorporating changes made by House Bill 3215 regarding expungement, commercial driver's license holders, and distribution of certain of fines. 1/16/2015HouseFiled with the Clerk by Rep. Kelly M. Cassidy 1/23/2015HouseFirst Reading 1/23/2015HouseReferred to Rules Committee 1/28/2015HouseAdded Chief Co-Sponsor Rep. Carol Ammons 1/28/2015HouseRemove Chief Co-Sponsor Rep. Carol Ammons 2/3/2015HouseAssigned to Restorative Justice Committee 2/4/2015HouseAdded Chief Co-Sponsor Rep. Will Guzzardi 2/4/2015HouseRemove Chief Co-Sponsor Rep. Will Guzzardi 2/26/2015HouseAdded Co-Sponsor Rep. Pamela Reaves-Harris 2/26/2015HouseRemoved Co-Sponsor Rep. Pamela Reaves-Harris 3/4/2015HouseAdded Co-Sponsor Rep. Kenneth Dunkin 3/6/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy 3/6/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee 3/9/2015HouseAdded Co-Sponsor Rep. Lou Lang 3/10/2015HouseHouse Committee Amendment No. 1 Rules Refers to Restorative Justice Committee 3/11/2015HouseAdded Chief Co-Sponsor Rep. Michael J. Zalewski 3/12/2015HouseHouse Committee Amendment No. 1 Adopted in Restorative Justice Committee; by Voice Vote 3/12/2015HouseDo Pass as Amended / Short Debate Restorative Justice Committee; 006-004-000 3/12/2015HousePlaced on Calendar 2nd Reading - Short Debate 3/12/2015HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Kelly M. Cassidy 3/12/2015HouseHouse Committee Amendment No. 1 Correctional Note Requested as Amended by Rep. Kelly M. Cassidy 3/13/2015HouseCorrectional Note Filed 3/13/2015HouseHouse Committee Amendment No. 1 Correctional Note Filed as Amended 3/17/2015HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended 3/23/2015HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy 3/23/2015HouseHouse Floor Amendment No. 2 Referred to Rules Committee 3/25/2015HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000 3/25/2015HouseAdded Co-Sponsor Rep. Robert Martwick 4/15/2015HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Kelly M. Cassidy 4/15/2015HouseHouse Floor Amendment No. 3 Referred to Rules Committee 4/15/2015HouseSecond Reading - Short Debate 4/15/2015HouseHeld on Calendar Order of Second Reading - Short Debate 4/17/2015HouseAdded Chief Co-Sponsor Rep. Ron Sandack 4/17/2015HouseAdded Chief Co-Sponsor Rep. Ed Sullivan 4/17/2015HouseAdded Chief Co-Sponsor Rep. Pamela Reaves-Harris 4/17/2015HouseAdded Co-Sponsor Rep. Carol Ammons 4/17/2015HouseAdded Co-Sponsor Rep. Will Guzzardi 4/20/2015HouseHouse Floor Amendment No. 3 Rules Refers to Restorative Justice Committee 4/20/2015HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Kelly M. Cassidy 4/20/2015HouseHouse Floor Amendment No. 4 Referred to Rules Committee 4/21/2015HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000 4/21/2015HouseAdded Co-Sponsor Rep. Arthur Turner 4/21/2015HouseHouse Floor Amendment No. 3 Recommends Be Adopted Restorative Justice Committee; 007-002-000 4/22/2015HouseHouse Floor Amendment No. 2 Adopted 4/22/2015HouseHouse Floor Amendment No. 3 Adopted 4/22/2015HouseHouse Floor Amendment No. 4 Adopted 4/22/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate 4/22/2015HouseAdded Co-Sponsor Rep. Christian L. Mitchell 4/22/2015HouseAdded Co-Sponsor Rep. Mary E. Flowers 4/23/2015HouseAdded Co-Sponsor Rep. La Shawn K. Ford 4/23/2015HouseAdded Co-Sponsor Rep. Eddie Lee Jackson, Sr. 4/23/2015HouseAdded Co-Sponsor Rep. Barbara Flynn Currie 4/23/2015HouseThird Reading - Short Debate - Passed 062-053-000 4/23/2015SenateArrive in Senate 4/23/2015SenatePlaced on Calendar Order of First Reading 4/23/2015SenateChief Senate Sponsor Sen. Heather A. Steans 4/28/2015SenateFirst Reading 4/28/2015SenateReferred to Assignments 4/29/2015SenateAssigned to Criminal Law 4/29/2015SenateAlternate Chief Sponsor Changed to Sen. Michael Noland 5/5/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins 5/6/2015SenateDo Pass Criminal Law; 009-003-000 5/6/2015SenatePlaced on Calendar Order of 2nd Reading May 7, 2015 5/7/2015SenateAdded as Alternate Co-Sponsor Sen. Patricia Van Pelt 5/12/2015SenateSecond Reading 5/12/2015SenatePlaced on Calendar Order of 3rd Reading May 13, 2015 5/12/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter 5/12/2015SenateAdded as Alternate Co-Sponsor Sen. William Delgado 5/14/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Napoleon Harris, III 5/14/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul 5/18/2015SenateAdded as Alternate Co-Sponsor Sen. Heather A. Steans 5/21/2015SenateAdded as Alternate Co-Sponsor Sen. Toi W. Hutchinson 5/21/2015SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford 5/21/2015SenateThird Reading - Passed; 037-019-000 5/21/2015SenateMotion Filed to Reconsider Vote Sen. Don Harmon 5/21/2015SenateMotion to Reconsider Vote - Tabled 5/21/2015SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter 5/21/2015SenateThird Reading - Passed; 037-019-000 5/21/2015HousePassed Both Houses 6/19/2015HouseSent to the Governor 8/14/2015HouseGovernor Amendatory Veto 8/25/2015HousePlaced on Calendar Amendatory Veto August 25, 2015 9/9/2015HouseBill Dead - No Positive Action Taken - Amendatory Veto