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90_HB2176
720 ILCS 550/3 from Ch. 56 1/2, par. 703
Amends the Cannabis Control Act. Makes grammatical
changes in definition Section of the Act.
LRB9004440RCks
LRB9004440RCks
1 AN ACT to amend the Cannabis Control Act by changing
2 Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Cannabis Control Act is amended by
6 changing Section 3 as follows:
7 (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 3. As used In this Act, unless the context
10 otherwise requires:
11 (a) "Cannabis" includes marihuana, hashish and other
12 substances which are identified as including any parts of the
13 plant Cannabis Sativa, whether growing or not; the seeds
14 thereof, the resin extracted from any part of such plant; and
15 any compound, manufacture, salt, derivative, mixture, or
16 preparation of such plant, its seeds, or resin, including
17 tetrahydrocannabinol (THC) and all other cannabinol
18 derivatives, including its naturally occurring or
19 synthetically produced ingredients, whether produced directly
20 or indirectly by extraction, or independently by means of
21 chemical synthesis or by a combination of extraction and
22 chemical synthesis; but shall not include the mature stalks
23 of such plant, fiber produced from such stalks, oil or cake
24 made from the seeds of such plant, any other compound,
25 manufacture, salt, derivative, mixture, or preparation of
26 such mature stalks (except the resin extracted therefrom),
27 fiber, oil or cake, or the sterilized seed of such plant
28 which is incapable of germination.
29 (b) "Casual delivery" means the delivery of not more
30 than 10 grams of any substance containing cannabis without
31 consideration.
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1 (c) "Department" means the Illinois Department of
2 Alcoholism and Substance Abuse of the State of Illinois or
3 its successor agency.
4 (d) "Deliver" or "delivery" means the actual,
5 constructive or attempted transfer of possession of cannabis,
6 with or without consideration, whether or not there is an
7 agency relationship.
8 (e) "Department of State Police" means the Department of
9 State Police of the State of Illinois or its successor
10 agency.
11 (f) "Director" means the Director of the Department of
12 State Police or his designated agent.
13 (g) "Local authorities" means a duly organized State,
14 county, or municipal peace unit or police force.
15 (h) "Manufacture" means the production, preparation,
16 propagation, compounding, conversion or processing of
17 cannabis, either directly or indirectly, by extraction from
18 substances of natural origin, or independently by means of
19 chemical synthesis, or by a combination of extraction and
20 chemical synthesis, and includes any packaging or repackaging
21 of cannabis or labeling of its container, except that this
22 term does not include the preparation, compounding,
23 packaging, or labeling of cannabis as an incident to lawful
24 research, teaching, or chemical analysis and not for sale.
25 (i) "Person" means any individual, corporation,
26 government or governmental subdivision or agency, business
27 trust, estate, trust, partnership or association, or any
28 other entity.
29 (j) "Produce" or "production" means planting,
30 cultivating, tending or harvesting.
31 (k) "State" includes the State of Illinois and any
32 state, district, commonwealth, territory, insular possession
33 thereof, and any area subject to the legal authority of the
34 United States of America.
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1 (l) "Subsequent offense" means an offense under this
2 Act, the offender of which, prior to his conviction of the
3 offense, has at any time been convicted under this Act or
4 under any laws of the United States or of any state relating
5 to cannabis, or any controlled substance as defined in the
6 Illinois Controlled Substances Act.
7 (Source: P.A. 84-25.)
8 (Text of Section after amendment by P.A. 89-507)
9 Sec. 3. As used In this Act, unless the context
10 otherwise requires:
11 (a) "Cannabis" includes marihuana, hashish and other
12 substances which are identified as including any parts of the
13 plant Cannabis Sativa, whether growing or not; the seeds
14 thereof, the resin extracted from any part of such plant; and
15 any compound, manufacture, salt, derivative, mixture, or
16 preparation of such plant, its seeds, or resin, including
17 tetrahydrocannabinol (THC) and all other cannabinol
18 derivatives, including its naturally occurring or
19 synthetically produced ingredients, whether produced directly
20 or indirectly by extraction, or independently by means of
21 chemical synthesis or by a combination of extraction and
22 chemical synthesis; but shall not include the mature stalks
23 of such plant, fiber produced from such stalks, oil or cake
24 made from the seeds of such plant, any other compound,
25 manufacture, salt, derivative, mixture, or preparation of
26 such mature stalks (except the resin extracted therefrom),
27 fiber, oil or cake, or the sterilized seed of such plant
28 which is incapable of germination.
29 (b) "Casual delivery" means the delivery of not more
30 than 10 grams of any substance containing cannabis without
31 consideration.
32 (c) "Department" means the Illinois Department of Human
33 Services (as successor to the Department of Alcoholism and
34 Substance Abuse) or its successor agency.
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1 (d) "Deliver" or "delivery" means the actual,
2 constructive or attempted transfer of possession of cannabis,
3 with or without consideration, whether or not there is an
4 agency relationship.
5 (e) "Department of State Police" means the Department of
6 State Police of the State of Illinois or its successor
7 agency.
8 (f) "Director" means the Director of the Department of
9 State Police or his designated agent.
10 (g) "Local authorities" means a duly organized State,
11 county, or municipal peace unit or police force.
12 (h) "Manufacture" means the production, preparation,
13 propagation, compounding, conversion or processing of
14 cannabis, either directly or indirectly, by extraction from
15 substances of natural origin, or independently by means of
16 chemical synthesis, or by a combination of extraction and
17 chemical synthesis, and includes any packaging or repackaging
18 of cannabis or labeling of its container, except that this
19 term does not include the preparation, compounding,
20 packaging, or labeling of cannabis as an incident to lawful
21 research, teaching, or chemical analysis and not for sale.
22 (i) "Person" means any individual, corporation,
23 government or governmental subdivision or agency, business
24 trust, estate, trust, partnership or association, or any
25 other entity.
26 (j) "Produce" or "production" means planting,
27 cultivating, tending or harvesting.
28 (k) "State" includes the State of Illinois and any
29 state, district, commonwealth, territory, insular possession
30 thereof, and any area subject to the legal authority of the
31 United States of America.
32 (l) "Subsequent offense" means an offense under this
33 Act, the offender of which, prior to his conviction of the
34 offense, has at any time been convicted under this Act or
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1 under any laws of the United States or of any state relating
2 to cannabis, or any controlled substance as defined in the
3 Illinois Controlled Substances Act.
4 (Source: P.A. 89-507, eff. 7-1-97.)
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