Rep. La Shawn K. Ford
Filed: 3/8/2013
 
 

 

 

 
09800HB2332ham001LRB098 06288 RLC 42630 a



1
AMENDMENT TO HOUSE BILL 2332




2    AMENDMENT NO. ______. Amend House Bill 2332 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Counties Code is amended by adding Section 
55-1005.1 as follows:
 
6    (55 ILCS 5/5-1005.1 new)
7    Sec. 5-1005.1. Cannabis possession of no more than 15 
8grams. Notwithstanding subsection (a), (b), or (c) of Section 4 
9of the Cannabis Control Act to the contrary, a county board may 
10adopt an ordinance or resolution that declares  possession of 
11not more than 15 grams of cannabis a petty offense.  The county 
12board may determine the amount of the fine to be imposed for 
13possession of not more than 15 grams of cannabis.  The county 
14board may adopt a uniform citation form to be issued by the 
15sheriff who arrests a person for possession of not more than 15 
16grams of cannabis.  If the  county board adopts a uniform 
 
 
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1citation form, the sheriff may  instead of arresting the person 
2for possession of cannabis issue a notice to appear as provided 
3in Section 107-12 of the Code of Criminal Procedure of 1963.  As 
4used in this Section, "cannabis" has the meaning ascribed to it 
5in Section 3 of the Cannabis Control Act.
 
6    Section 10. The Illinois Municipal Code is amended  by 
7adding Section 11-5-11 as follows:
 
8    (65 ILCS 5/11-5-11 new)
9    Sec. 11-5-11. Cannabis possession of no more than 15 grams. 
10Notwithstanding subsection (a), (b), or (c) of Section 4 of the 
11Cannabis Control Act to the contrary, a municipality may adopt 
12an ordinance or resolution that declares  possession of not more 
13than 15 grams of cannabis a petty offense.  The municipality may 
14determine the amount of the fine to be imposed for possession 
15of not more than 15 grams of cannabis.  The municipality may 
16adopt a uniform citation form to be issued by a peace officer 
17who arrests a person for possession of not more than 15 grams 
18of cannabis.  If the  municipality adopts a uniform citation 
19form, a peace officer may  instead of arresting the person for 
20possession of cannabis issue a notice to appear as provided in 
21Section 107-12 of the Code of Criminal Procedure of 1963. As 
22used in this Section, "cannabis" has the meaning ascribed to it 
23in Section 3 of the Cannabis Control Act.
 
 
 
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1    Section 15. The Cannabis Control Act is amended  by changing 
2Section 4 as follows:
 



3    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)



4    Sec. 4. Except as otherwise provided in Section 5-1005.1 of 
5the Counties Code or Section 11-5-11 of the Illinois Municipal 
6Code, it It is unlawful for any person knowingly to possess 
7cannabis. Any person
who violates this section with respect to:

8        (a) not more than 2.5 grams of any substance containing 
9    cannabis is
guilty of a Class C misdemeanor;

10        (b) more than 2.5 grams but not more than 10 grams of 
11    any substance
containing cannabis is guilty of a Class B 
12    misdemeanor;

13        (c) more than 10 grams but not more than 30 grams of 
14    any substance
containing cannabis is guilty of a Class A 
15    misdemeanor; provided, that if
any offense under this 
16    subsection (c) is a subsequent offense, the offender
shall 
17    be guilty of a Class 4 felony;

18        (d) more than 30 grams but not more than 500 grams of 
19    any substance
containing cannabis is guilty of a Class 4 
20    felony; provided that if any
offense under this subsection 
21    (d) is a subsequent offense, the offender
shall be guilty 
22    of a Class 3 felony;

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

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

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

6(Source: P.A. 90-397, eff. 8-15-97.)


 
7    Section 20. The Local Governmental and Governmental 
8Employees Tort
Immunity Act is amended by adding Section 4-108 
9as follows:
 
10    (745 ILCS 10/4-108 new)
11    Sec. 4-108. Failure to enforce State cannabis laws. Neither 
12a local public entity nor a public employee is liable for 
13failure to enforce subsection (a), (b), or (c) of Section 4 of 
14the Cannabis Control Act concerning the possession of 15 grams 
15or less of cannabis in a county or municipality that has 
16adopted an ordinance or resolution that declares  possession of 
17not more than 15 grams of cannabis a petty offense.
 
18    Section 99. Effective date. This Act takes effect upon 
19becoming law.".