97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3582

 

Introduced 2/10/2012, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/3  from Ch. 56 1/2, par. 703
720 ILCS 550/5.2  from Ch. 56 1/2, par. 705.2

    Amends the Cannabis Control Act. Provides for enhanced penalties for the unlawful delivery of cannabis in a public park, on the real property comprising a public park, or on a public way within 1,000 feet of the real property comprising a public park.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
5Sections 3 and 5.2 as follows:
 
6    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
7    Sec. 3. As used in this Act, unless the context otherwise
8requires:
9    (a) "Cannabis" includes marihuana, hashish and other
10substances which are identified as including any parts of the
11plant Cannabis Sativa, whether growing or not; the seeds
12thereof, the resin extracted from any part of such plant; and
13any compound, manufacture, salt, derivative, mixture, or
14preparation of such plant, its seeds, or resin, including
15tetrahydrocannabinol (THC) and all other cannabinol
16derivatives, including its naturally occurring or
17synthetically produced ingredients, whether produced directly
18or indirectly by extraction, or independently by means of
19chemical synthesis or by a combination of extraction and
20chemical synthesis; but shall not include the mature stalks of
21such plant, fiber produced from such stalks, oil or cake made
22from the seeds of such plant, any other compound, manufacture,
23salt, derivative, mixture, or preparation of such mature stalks

 

 

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1(except the resin extracted therefrom), fiber, oil or cake, or
2the sterilized seed of such plant which is incapable of
3germination.
4    (b) "Casual delivery" means the delivery of not more than
510 grams of any substance containing cannabis without
6consideration.
7    (c) "Department" means the Illinois Department of Human
8Services (as successor to the Department of Alcoholism and
9Substance Abuse) or its successor agency.
10    (d) "Deliver" or "delivery" means the actual, constructive
11or attempted transfer of possession of cannabis, with or
12without consideration, whether or not there is an agency
13relationship.
14    (e) "Department of State Police" means the Department of
15State Police of the State of Illinois or its successor agency.
16    (f) "Director" means the Director of the Department of
17State Police or his designated agent.
18    (g) "Local authorities" means a duly organized State,
19county, or municipal peace unit or police force.
20    (h) "Manufacture" means the production, preparation,
21propagation, compounding, conversion or processing of
22cannabis, either directly or indirectly, by extraction from
23substances of natural origin, or independently by means of
24chemical synthesis, or by a combination of extraction and
25chemical synthesis, and includes any packaging or repackaging
26of cannabis or labeling of its container, except that this term

 

 

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1does not include the preparation, compounding, packaging, or
2labeling of cannabis as an incident to lawful research,
3teaching, or chemical analysis and not for sale.
4    (i) "Person" means any individual, corporation, government
5or governmental subdivision or agency, business trust, estate,
6trust, partnership or association, or any other entity.
7    (j) "Produce" or "production" means planting, cultivating,
8tending or harvesting.
9    (j-5) "Public park" includes a park, forest preserve, or
10conservation area under the jurisdiction of the State or a unit
11of local government.
12    (k) "State" includes the State of Illinois and any state,
13district, commonwealth, territory, insular possession thereof,
14and any area subject to the legal authority of the United
15States of America.
16    (l) "Subsequent offense" means an offense under this Act,
17the offender of which, prior to his conviction of the offense,
18has at any time been convicted under this Act or under any laws
19of the United States or of any state relating to cannabis, or
20any controlled substance as defined in the Illinois Controlled
21Substances Act.
22(Source: P.A. 89-507, eff. 7-1-97.)
 
23    (720 ILCS 550/5.2)  (from Ch. 56 1/2, par. 705.2)
24    Sec. 5.2. Delivery of cannabis on school grounds or public
25park.

 

 

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1    (a) Any person who violates subsection (e) of Section 5 in
2any school or in a public park, on the real property comprising
3any school or public park, or any conveyance owned, leased or
4contracted by a school to transport students to or from school
5or a school related activity, or on any public way within 1,000
6feet of the real property comprising any school or public park,
7or any conveyance owned, leased or contracted by a school to
8transport students to or from school or a school related
9activity, is guilty of a Class 1 felony, the fine for which
10shall not exceed $200,000;
11    (b) Any person who violates subsection (d) of Section 5 in
12any school or in a public park, on the real property comprising
13any school or public park, or any conveyance owned, leased or
14contracted by a school to transport students to or from school
15or a school related activity, or on any public way within 1,000
16feet of the real property comprising any school or public park,
17or any conveyance owned, leased or contracted by a school to
18transport students to or from school or a school related
19activity, is guilty of a Class 2 felony, the fine for which
20shall not exceed $100,000;
21    (c) Any person who violates subsection (c) of Section 5 in
22any school or in a public park, on the real property comprising
23any school or public park, or any conveyance owned, leased or
24contracted by a school to transport students to or from school
25or a school related activity, or on any public way within 1,000
26feet of the real property comprising any school or public park,

 

 

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1or any conveyance owned, leased or contracted by a school to
2transport students to or from school or a school related
3activity, is guilty of a Class 3 felony, the fine for which
4shall not exceed $50,000;
5    (d) Any person who violates subsection (b) of Section 5 in
6any school or in a public park, on the real property comprising
7any school or public park, or any conveyance owned, leased or
8contracted by a school to transport students to or from school
9or a school related activity, or on any public way within 1,000
10feet of the real property comprising any school or public park,
11or any conveyance owned, leased or contracted by a school to
12transport students to or from school or a school related
13activity, is guilty of a Class 4 felony, the fine for which
14shall not exceed $25,000;
15    (e) Any person who violates subsection (a) of Section 5 in
16any school or in a public park, on the real property comprising
17any school or public park, or any conveyance owned, leased or
18contracted by a school to transport students to or from school
19or a school related activity, on any public way within 1,000
20feet of the real property comprising any school or public park,
21or any conveyance owned, leased or contracted by a school to
22transport students to or from school or a school related
23activity, is guilty of a Class A misdemeanor.
24(Source: P.A. 87-544.)