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HB1684 Engrossed |
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LRB095 04888 RLC 24952 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Cannabis Control Act is amended by changing |
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| Section 8 as follows:
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| (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
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| Sec. 8. It is unlawful for any person knowingly to produce |
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| the
cannabis sativa plant or to possess such plants unless |
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| production or possession
has been authorized pursuant to the |
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| provisions of Section 11 of the Act.
Any person who violates |
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| this Section with respect to production or possession of:
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| (a) Not more than 5 plants is guilty of a Class A |
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| misdemeanor.
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| (b) More than 5, but not more than 20 plants, is guilty
of |
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| a Class 4 felony.
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| (c) More than 20, but not more than 50 plants, is
guilty of |
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| a Class 3 felony.
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| (d) More than 50, but not more than 200 plants, is guilty |
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| of a Class 2 felony for which
a fine not to exceed $100,000 may |
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| be imposed and for which liability for
the cost of conducting |
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| the investigation and eradicating such plants may be
assessed. |
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| Compensation for expenses incurred in the enforcement of this
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| provision shall be transmitted to and deposited in the |
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HB1684 Engrossed |
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LRB095 04888 RLC 24952 b |
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| treasurer's office
at the level of government represented by |
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| the Illinois law enforcement
agency whose officers or employees |
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| conducted the investigation or caused
the arrest or arrests |
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| leading to the prosecution, to be subsequently made
available |
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| to that law enforcement agency as expendable receipts for use |
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| in
the enforcement of laws regulating controlled substances and |
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| cannabis. If
such seizure was made by a combination of law |
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| enforcement personnel
representing different levels of |
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| government, the court levying the
assessment shall determine |
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| the allocation of such assessment. The proceeds
of assessment |
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| awarded to the State treasury shall be deposited in a special
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| fund known as the Drug Traffic Prevention Fund. |
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| (e) More than 200 plants is guilty of a Class 1 felony for |
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| which
a fine not to exceed $100,000 may be imposed and for |
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| which liability for
the cost of conducting the investigation |
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| and eradicating such plants may be
assessed. Compensation for |
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| expenses incurred in the enforcement of this
provision shall be |
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| transmitted to and deposited in the treasurer's office
at the |
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| level of government represented by the Illinois law enforcement
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| agency whose officers or employees conducted the investigation |
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| or caused
the arrest or arrests leading to the prosecution, to |
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| be subsequently made
available to that law enforcement agency |
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| as expendable receipts for use in
the enforcement of laws |
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| regulating controlled substances and cannabis. If
such seizure |
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| was made by a combination of law enforcement personnel
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| representing different levels of government, the court levying |