(720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
(Text of Section before amendment by P.A. 103-51) Sec. 9.
(a) Any person who engages in a calculated criminal
cannabis conspiracy, as defined in subsection (b), is guilty of a Class
3 felony, and fined not more than $200,000 and shall be subject to the
forfeitures prescribed in subsection (c); except that, if any person
engages in such offense after one or more prior convictions under this
Section, Section 4(d), Section 5(d), Section 8(d) or any law of the United
States
or of any state relating to cannabis, or controlled substances as
defined in the Illinois Controlled Substances Act, in addition to the
fine and forfeiture authorized above, he shall be guilty of a Class 1
felony for which an offender may not be sentenced to death.
(b) For purposes of this Section, a person engages in a calculated
criminal cannabis conspiracy when:
(1) he violates Section 4(d), 4(e), 5(d), 5(e), 8(c)
or 8(d) of this Act; and
(2) such violation is a part of a conspiracy undertaken or carried on with 2 or more |
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(3) he obtains anything of value greater than $500 from, or organizes, directs or
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| finances such violation or conspiracy.
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(c) Any person who is convicted under this Section of engaging in a
calculated criminal cannabis conspiracy shall forfeit to the State of
Illinois:
(1) the receipts obtained by him in such conspiracy; and
(2) any of his interests in, claims against, receipts from, or property or rights of any
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| kind affording a source of influence over, such conspiracy.
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(d) The circuit court may enter such injunctions, restraining
orders, directions, or prohibitions, or take such other actions,
including the acceptance of satisfactory performance bonds, in
connection with any property, claim, receipt, right or other interest
subject to forfeiture under this Section, as it deems proper.
(Source: P.A. 84-1233.)
(Text of Section after amendment by P.A. 103-51)
Sec. 9.
(a) Any person who engages in a calculated criminal
cannabis conspiracy, as defined in subsection (b), is guilty of a Class
3 felony, and fined not more than $200,000 and shall be subject to the
forfeitures prescribed in subsection (c); except that, if any person
engages in such offense after one or more prior convictions under this
Section, Section 4(d), Section 5(d), Section 8(d) or any law of the United
States
or of any state relating to cannabis, or controlled substances as
defined in the Illinois Controlled Substances Act, in addition to the
fine and forfeiture authorized above, he shall be guilty of a Class 1
felony.
(b) For purposes of this Section, a person engages in a calculated
criminal cannabis conspiracy when:
(1) he violates Section 4(d), 4(e), 5(d), 5(e), 8(c)
or 8(d) of this Act; and
(2) such violation is a part of a conspiracy undertaken or carried on with 2 or more
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|
(3) he obtains anything of value greater than $500 from, or organizes, directs or
|
| finances such violation or conspiracy.
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|
(c) Any person who is convicted under this Section of engaging in a
calculated criminal cannabis conspiracy shall forfeit to the State of
Illinois:
(1) the receipts obtained by him in such conspiracy; and
(2) any of his interests in, claims against, receipts from, or property or rights of any
|
| kind affording a source of influence over, such conspiracy.
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|
(d) The circuit court may enter such injunctions, restraining
orders, directions, or prohibitions, or take such other actions,
including the acceptance of satisfactory performance bonds, in
connection with any property, claim, receipt, right or other interest
subject to forfeiture under this Section, as it deems proper.
(Source: P.A. 103-51, eff. 1-1-24.)
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