SB3994 101ST GENERAL ASSEMBLY

LRB101 21460 HEP 72118 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3994

Introduced 5/20/2020, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

See Index

Amends the Cannabis Control Act. Makes changes concerning the amount of cannabis flower, THC in a cannabis-infused product, or cannabis concentrate subject to a civil penalty. Provides that civil penalties apply to nonresidents if they possess an amount greater than one-half that which Illinois residents may possess. Replaces penalties for the possession of substances containing cannabis in varying amounts with penalties for the knowing possession of varying weights of cannabis flower, THC in a cannabis-infused product, and any substance containing cannabis concentrate. Replaces penalties for the manufacture, delivery, or possession with intent to deliver or manufacture substances containing cannabis with penalties for the manufacture, delivery, or possession with intent to deliver or manufacture varying amounts of cannabis flower, THC in a cannabis-infused product, or cannabis concentrate. Provides that any person who knowingly brings or causes to be brought into this State for the purpose of manufacture or delivery or with the intent to manufacture or deliver 10 kilograms or more of cannabis flower, 200 kilograms or more of THC contained in a cannabis-infused product, or 2 kilograms or more of cannabis concentrate (instead of 2,500 grams or more of cannabis) in this State or any other state or country is guilty of cannabis trafficking. Changes the penalties for cannabis trafficking. Makes changes concerning the sentencing of persons under the Act who have not previously been convicted of a felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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, 5.1, and 10 as follows:

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

Sec. 4. Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to possess cannabis.

Any person who violates this Section with respect to:

(a) not more than 30 10 grams of any substance containing cannabis flower, not more than 500 milligrams of THC contained in a cannabis-infused product, or not more than 5 grams of any substance containing cannabis concentrate, or half those amounts for a person who is not a resident of this State, is guilty of a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. The proceeds of the fine shall be payable to the clerk of the circuit court. Within 30 days after the deposit of the fine, the clerk shall distribute the proceeds of the fine as follows:

(1) $10 of the fine to the circuit clerk and $10 of the fine to the law enforcement agency that issued the citation; the proceeds of each $10 fine distributed to the circuit clerk and each $10 fine distributed to the law enforcement agency that issued the citation for the violation shall be used to defer the cost of automatic expungements under paragraph (2.5) of subsection (a) of Section 5.2 of the Criminal Identification Act;

(2) $15 to the county to fund drug addiction services;

(3) $10 to the Office of the State's Attorneys Appellate Prosecutor for use in training programs;

(4) $10 to the State's Attorney; and

(5) any remainder of the fine to the law enforcement agency that issued the citation for the violation.

With respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the Department of State Police within one month after receipt for deposit into the State Police Operations Assistance Fund. 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;

(a-5) cannabis flower, when knowingly possessed in the amounts set forth in this subsection, is subject to the penalty indicated:

(1) More than 60 grams but not more than 180 grams is a Class C misdemeanor.

(2) More than 180 grams but not more than 360 grams is a Class B misdemeanor.

(3) More than 360 grams but not more than 1 kilogram is a Class A misdemeanor.

(4) More than 1 kilogram but not more than 2.5 kilograms is a Class 4 felony.

(5) More than 2.5 kilograms but not more than 10 kilograms is a Class 3 felony.

(6) More than 10 kilograms but not more than 25 kilograms is a Class 2 felony.

(7) More than 25 kilograms is a Class 1 felony.

(a-10) THC contained in a cannabis-infused product, when knowingly possessed in the amounts set forth in this subsection, is subject to the penalty indicated:

(1) More than 1 gram but not more than 3 grams is a Class C misdemeanor.

(2) More than 3 grams but not more than 6 grams is a Class B misdemeanor.

(3) More than 6 grams but not more than 18 grams is a Class A felony.

(4) More than 18 grams but not more than 50 grams is Class 4 felony.

(5) More than 50 grams but not more than 200 grams is a Class 3 felony.

(6) More than 200 grams but not more than 1 kilogram is a Class 2 felony.

(7) More than 1 kilogram is a Class 1 felony.

(a-15) cannabis concentrate, when knowingly possessed in the amounts set forth in this subsection, is subject to the penalty indicated:

(1) More than 10 grams but not more than 30 grams is a Class A misdemeanor.

(2) More than 30 grams but not more than 60 grams is a Class B misdemeanor.

(3) More than 60 grams but not more than 180 grams is a Class A felony.

(4) More than 180 grams but not more than 500 grams is a Class 4 felony.

(5) More than 500 grams but not more than 2 kilograms is a Class 3 felony.

(6) More than 2 kilograms but not more than 5 kilograms is a Class 2 felony.

(7) More than 5 kilograms is a Class 1 felony.

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

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

(d) (blank). more than 100 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 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) (blank). more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;

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

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)

Sec. 5. Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, 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) (blank). not more than 2.5 grams of any substance containing cannabis is guilty of a Class B misdemeanor;

(a-5) cannabis flower, in the amounts set forth in this subsection, is subject to the penalty indicated:

(1) Not more than 30 grams is a petty offense.

(2) More than 30 grams but not more than 60 grams is a Class C misdemeanor.

(3) More than 60 grams but not more than 180 grams is a Class B misdemeanor.

(4) More than 180 grams but not more than 360 grams is a Class A misdemeanor.

(5) More than 360 grams but not more than 1 kilogram is a Class 4 felony.

(6) More than 1 kilogram but not more than 2.5 kilograms is a Class 3 felony.

(7) More than 2.5 kilograms but not more than 10 kilograms is a class 2 felony.

(8) More than 10 kilograms but not more than 25 kilograms is a Class 1 felony.

(9) More than 25 kilograms is a Class X felony.

(a-10) THC contained in a cannabis-infused product, in the amounts set forth in this subsection, is subject to the penalty indicated:

(1) Not more than 500 milligrams is a petty offense.

(2) More than 500 milligrams but not more than 1 gram is a Class C misdemeanor.

(3) More than 1 gram but not more than 3 grams is a Class B misdemeanor.

(4) More than 3 grams but not more than 6 grams is a Class A misdemeanor.

(5) More than 6 grams but not more than 18 grams is a Class 4 felony.

(6) More than 18 grams but not more than 50 grams is a Class 3 felony.

(7) More than 50 grams but not more than 200 grams is a Class 2 felony.

(8) More than 200 grams but not more than 1 kilogram is a Class 1 felony.

(9) More than 1 kilogram is a Class X felony.

(a-15) cannabis concentrate, in the amounts set forth in this subsection, is subject to the penalty indicated:

(1) Not more than 5 grams is a petty offense.

(2) More than 5 grams but not more than 10 grams is a Class C misdemeanor.

(3) More than 10 grams but not more than 30 grams is a Class B misdemeanor0

(4) More than 30 grams but not more than 60 grams is a Class A misdemeanor.

(5) More than 60 grams but not more than 180 grams is a Class 4 felony.

(6) More than 180 grams but not more than 500 grams is a Class 3 felony.

(7) More than 500 grams but not more than 2 kilograms is a Class 2 felony.

(8) More than 2 kilograms but not more than 5 kilograms is a Class 1 felony.

(9) More than 5 kilograms is a Class X felony.

(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) (blank). more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class 4 felony;

(d) (blank). 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) (blank). 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) (blank). 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) (blank). 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. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)

Sec. 5.1. Cannabis trafficking.

(a) Except for purposes authorized by this Act, the Industrial Hemp Act, or the Cannabis Regulation and Tax Act, any person who knowingly brings or causes to be brought into this State for the purpose of manufacture or delivery or with the intent to manufacture or deliver 10 kilograms 2,500 grams or more of cannabis flower, 200 kilograms or more of THC contained in a cannabis-infused product, or 2 kilograms or more of cannabis concentrate in this State or any other state or country is guilty of cannabis trafficking.

(b) A person convicted of cannabis trafficking shall be sentenced as authorized by subsection (a-5), (a-10), or (a-15) of Section 5 of this Act, based upon the amount of cannabis flower, THC in a cannabis-infused product, or cannabis concentrate brought or caused to be brought into this State, and such a conviction shall constitute a factor that may be considered by the court as a reason to impose an extended-term sentence under Section 5-8-2 of the Unified Code of Corrections. shall be sentenced to a term of imprisonment not less than twice the minimum term and fined an amount as authorized by subsection (f) or (g) of Section 5 of this Act, based upon the amount of cannabis brought or caused to be brought into this State, and not more than twice the maximum term of imprisonment and fined twice the amount as authorized by subsection (f) or (g) of Section 5 of this Act, based upon the amount of cannabis brought or caused to be brought into this State.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)

Sec. 10. (a) Whenever any person who has not previously been convicted of any felony offense under this Act 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, pleads guilty to or is found guilty of violating Sections 4(a), 4(b), 4(c), 5, 5.1, 5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a judgment and with the consent of such person, sentence him to probation, conditional discharge, or supervision.

(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months, and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.

(c) The conditions of probation, conditional discharge, or supervision shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possession of a firearm or other dangerous weapon; (3) (blank) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.

(d) The court may, in addition to other conditions, require that the person:

(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational training;

(4) undergo medical or psychiatric treatment; or treatment for drug addiction or alcoholism; or submit to periodic drug testing at a time and in a manner as ordered by the court, with the cost of the testing to be paid by the probationer;

(5) attend or reside in a facility established for the instruction or residence of defendants on probation;

(6) support his dependents;

(7) refrain from possessing a firearm or other dangerous weapon;

(7-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;

(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a foster home.

(e) Upon violation of a term or condition of probation, conditional discharge, or supervision, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.

(f) Upon fulfillment of the terms and conditions of probation, conditional discharge, or supervision, the court shall discharge such person and dismiss the proceedings against him.

(g) A disposition of probation, conditional discharge, or supervision is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime (including the additional penalty imposed for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d) of this Act).

(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.

(i) If a person is convicted of an offense under this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.

(j) Notwithstanding subsection (a), before a person is sentenced to probation, conditional discharge, or supervision under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation, conditional discharge, or supervision under this Section, but shall be considered for the drug court program.

(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)