HB5411 98TH GENERAL ASSEMBLY

LRB098 18955 RLC 54103 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5411

Introduced , by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

New Act

Creates the Cannabis Study Act. Provides that before considering the regulation and taxing of cannabis in a manner similar to alcohol and tobacco for individuals 21 years of age or older, the General Assembly shall direct the Illinois Sentencing Policy Advisory Council to: (1) determine the effect regulation and taxation would have on law enforcement resources; (2) determine the impact regulation would have on the rate of arrests, predisposition detention, and sentencing; (3) review approaches a cannabis regulation law could take regarding drug-free workplace policies and procedures and what effect the different approaches would have; (4) determine the effect regulation and taxation would have on existing criminal laws, including the Cannabis Control Act; (5) review approaches states have taken to reduce risks associated with the operation of motor vehicles by individuals impaired by intoxicants including but not limited to cannabis, and what effect the different approaches have had on rates of fatalities; (6) determine to what extent the taxation and regulation of cannabis may generate employment and revenue in Illinois if at all; (7) determine the regulatory and taxing system needed for the licensing of entities to sell cannabis and the licensing of entities to grow cannabis; (8) determine the product labeling, quality control, and taxing regulations needed; (9) compare the health effects of cannabis, alcohol, and prescription drugs on the individual and community as it relates to violence, risk-taking, addiction, cancer, overdose, and mortality; (10) determine the impact that existing laws on cannabis possession have on rates of crime and violence; and (11) any other relevant analysis regarding the impact on the public safety and welfare of the citizens of Illinois. Provides that the Illinois Sentencing Policy Advisory Council shall consider factors and work in conjunction with, and obtain input from, any individual, agency, association, and research institution deemed appropriate by the Council. Provides that the Illinois Sentencing Policy Advisory Council shall report to the General Assembly its findings on or before December 20, 2015.

A BILL FOR

AN ACT concerning cannabis.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Cannabis Study Act.

Section 5. Findings.

(a) Numerous localities throughout this State impose a civil fine for the possession of cannabis. The states of Alaska, California, Connecticut, Maine, Massachusetts, Mississippi, Nebraska, New York, Rhode Island and Vermont impose civil fines, based on specified low gram quantities of cannabis. On August 29, 2013 the U.S. Department of Justice issued a "Guidance Regarding Marijuana Enforcement" Memorandum for all United States Attorneys reaffirming that "the Department of Justice has not historically devoted resources for prosecuting individuals whose conduct is limited to possession of small amounts of marijuana for personal use on private property".

(b) In 2012, a majority of voters in the states of Colorado and Washington legalized the possession of cannabis by any person 21 years of age or older, and tax and regulate cannabis in a manner similar to alcohol. Despite existing federal law prohibitions regarding the purchase and possession of cannabis, on August 29, 2013, the U.S. Attorney General publicly stated that the Department of Justice would allow Washington and Colorado to create a system that would regulate and implement legalization of the use of cannabis for adults.

(c) Numerous polls, including a 2013 Pew Research Center poll found that a majority of Americans favor legalizing the use of cannabis, with an 11 point rise since 2010.

(d) During the 42 years since the enactment of the Cannabis Control Act, attitudes in this State regarding the use of cannabis have changed; Public Act 98-122, the Compassionate Use of Medical Cannabis Pilot Program Act, of the 98th General Assembly, authorized physicians to prescribe cannabis for therapeutic use in patients suffering from certain types of medical conditions.

(e) It is appropriate for this State to consider the regulation and taxing of cannabis, in a manner similar to alcohol and tobacco, for individuals 21 years of age or older.

(f) If the General Assembly wishes to consider regulating and taxing cannabis, in a manner similar to alcohol or tobacco, for individuals 21 years of age or older, that decision should be based upon facts which establish that the regulation and taxation of cannabis is in the best interest of the people of the State of Illinois.

Section 10. Regulation and taxation of cannabis in a manner similar to alcohol and tobacco for individuals over 21 years of age or older.

(a) Before considering regulation and taxation of cannabis in a manner similar to alcohol and tobacco for individuals over 21 years of age or older, the General Assembly shall direct the Sentencing Policy Advisory Council to:

(1) determine the effect regulation and taxation would have on law enforcement resources;

(2) determine the impact regulation would have on the rate of arrests, predisposition detention, and sentencing;

(3) review approaches a cannabis regulation law could take regarding drug-free workplace policies and procedures and what effect the different approaches would have;

(4) determine the effect regulation and taxation would have on existing criminal laws, including the Cannabis Control Act;

(5) review approaches states have taken to reduce risks associated with the operation of motor vehicles by individuals impaired by intoxicants including but not limited to cannabis, and what effect the different approaches have had on rates of fatalities;

(6) determine to what extent the taxation and regulation of cannabis may generate employment and revenue in this State if at all;

(7) determine the regulatory and taxing system needed for the licensing of entities to sell cannabis and the licensing of entities to grow cannabis;

(8) determine the product labeling, quality control, and taxing regulations needed;

(9) compare the health effects of cannabis, alcohol, and prescription drugs on the individual and community as it relates to violence, risk-taking, addiction, cancer, overdose, and mortality;

(10) determine the impact that existing laws on cannabis possession have on rates of crime and violence; and

(11) any other relevant analysis regarding the impact on the public safety and welfare of the citizens of this State.

(b) The Illinois Sentencing Policy Advisory Council shall report to the General Assembly its findings on or before December 20, 2015.

Section 15. Scope and partnership. The Illinois Sentencing Policy Advisory Council shall consider factors and work in conjunction with, and obtain input from, any individual, agency, association, and research institution, deemed appropriate by the Council.