100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4059
 
Introduced , by Rep. La Shawn K. Ford
 
SYNOPSIS AS INTRODUCED:
 

 
  
720 ILCS 550/4  from Ch. 56 1/2, par. 704

     Amends the Cannabis Control Act.  Deletes provision that the knowing possession of more than 30 grams but not more than 100 grams of any substance
containing cannabis is a Class 4 felony if the offense is a subsequent offense.
  


LRB100 12973 RLC 27086 b

 
 
A BILL FOR
 

  
HB4059LRB100 12973 RLC 27086 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Cannabis Control Act is amended  by changing 
5Section 4 as follows:
 



6    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)



7    Sec. 4. It is unlawful for any person knowingly to possess 
8cannabis. Any person
who violates this section with respect to:

9        (a) not more than 10 grams of any substance containing 
10    cannabis is
guilty of a civil law violation punishable by a 
11    minimum fine of $100 and a maximum fine of $200. The 
12    proceeds of the fine shall be payable to the clerk of the 
13    circuit court. Within 30 days after the deposit of the 
14    fine, the clerk shall distribute the proceeds of the fine 
15    as follows:
16            (1) $10 of the fine to the circuit clerk and $10 of 
17        the fine to the law enforcement agency that issued the 
18        citation;  the proceeds of each $10 fine distributed to 
19        the circuit clerk and each $10 fine distributed to the 
20        law enforcement agency that issued the citation for the 
21        violation shall be used to defer the cost of automatic 
22        expungements under paragraph (2.5) of subsection (a) 
23        of Section 5.2 of the Criminal Identification Act;
 
 
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1            (2)  $15 to the county to fund drug addiction 
2        services;
3            (3) $10 to the Office of the State's Attorneys 
4        Appellate Prosecutor for use in training programs;
5            (4) $10 to the State's Attorney; and
6            (5) any remainder of the fine to the law 
7        enforcement agency that issued the citation for the 
8        violation.
9        With respect to funds designated for the Department of 
10    State Police, the moneys shall be remitted by the circuit 
11    court clerk to the Department of State Police within one 
12    month after receipt for deposit into the State Police 
13    Operations Assistance Fund. With respect to funds 
14    designated for the Department of Natural Resources, the 
15    Department of Natural Resources shall deposit the moneys 
16    into the Conservation Police Operations Assistance Fund;

17        (b) more than 10 grams but not more than 30 grams of 
18    any substance
containing cannabis is guilty of a Class B 
19    misdemeanor;

20        (c) more than 30 grams but not more than 100 grams of 
21    any substance
containing cannabis is guilty of a Class A 
22    misdemeanor; provided, that if
any offense under this 
23    subsection (c) is a subsequent offense, the offender
shall 
24    be guilty of a Class 4 felony;

25        (d) more than 100 grams but not more than 500 grams of 
26    any substance
containing cannabis is guilty of a Class 4 
 
 
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1    felony; provided that if any
offense under this subsection 
2    (d) is a subsequent offense, the offender
shall be guilty 
3    of a Class 3 felony;

4        (e) more than 500 grams but not more than 2,000 grams 
5    of any substance
containing cannabis is guilty
of a Class 3 
6    felony;

7        (f) more than 2,000 grams but not more than 5,000 grams 
8    of any
substance containing cannabis is guilty of a Class 2 
9    felony;

10        (g) more than 5,000 grams of any substance containing 
11    cannabis is guilty
of a Class 1 felony.

12(Source: P.A. 99-697, eff. 7-29-16.)