Full Text of HB3632 99th General Assembly
HB3632 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3632 Introduced , by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED: |
| 720 ILCS 550/3 | from Ch. 56 1/2, par. 703 | 720 ILCS 550/5 | from Ch. 56 1/2, par. 705 | 720 ILCS 550/5.05 new | |
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Amends the Cannabis Control Act. Defines "hash oil". Provides that any person who knowingly manufactures, delivers, or
possesses with intent to deliver, or manufacture, hash oil is guilty of: (1) a Class 3 felony if the amount of the hash oil is less than 1 gram; (2) a Class 2 felony if the amount of the hash oil is more than 1 gram but not more than 4 grams; (3) a Class 1 felony if the amount of the hash oil is more than 4 grams but not more than 400 grams; and (4) a Class X felony if the amount of the hash oil is more than 400 grams.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Control Act is amended by changing | 5 | | Sections 3 and 5 and by adding Section 5.05 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 | 8 | | requires:
| 9 | | (a) "Cannabis" includes marihuana, hashish and other | 10 | | substances which
are identified as including any parts of the | 11 | | plant Cannabis Sativa, whether
growing or not; the seeds | 12 | | thereof, the resin extracted from any part of
such plant; and | 13 | | any compound, manufacture, salt, derivative, mixture, or
| 14 | | preparation of such plant, its seeds, or resin, including | 15 | | tetrahydrocannabinol
(THC) and all other cannabinol | 16 | | derivatives, including its naturally occurring
or | 17 | | synthetically produced ingredients, whether produced directly | 18 | | or indirectly
by extraction, or independently by means of | 19 | | chemical synthesis or by a
combination
of extraction and | 20 | | chemical synthesis; but shall not include the mature stalks
of | 21 | | such plant, fiber produced from such stalks, oil or cake made | 22 | | from the
seeds of such plant, any other compound, manufacture, | 23 | | salt, derivative,
mixture, or preparation of such mature stalks |
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| 1 | | (except the resin extracted
therefrom), fiber, oil or cake, or | 2 | | the sterilized seed of such plant which
is incapable of | 3 | | germination.
| 4 | | (b) "Casual delivery" means the delivery of not more than | 5 | | 10 grams of
any substance containing cannabis without | 6 | | consideration.
| 7 | | (c) "Department" means the Illinois Department of Human | 8 | | Services (as
successor to the Department of Alcoholism and | 9 | | Substance Abuse) or its successor agency.
| 10 | | (d) "Deliver" or "delivery" means the actual, constructive | 11 | | or attempted
transfer of possession of cannabis, with or | 12 | | without consideration, whether
or not there is an agency | 13 | | relationship.
| 14 | | (e) "Department of State Police" means the Department
of | 15 | | State Police of the State of Illinois or its successor agency.
| 16 | | (f) "Director" means the Director of the Department of | 17 | | State Police
or his designated agent.
| 18 | | (f-1) "Hash oil" means the resin extracted from a part of | 19 | | the plant Cannabis Sativa or a compound, manufacture, salt, | 20 | | derivative, mixture, or preparation of the resin. | 21 | | (g) "Local authorities" means a duly organized State, | 22 | | county, or municipal
peace unit or police force.
| 23 | | (h) "Manufacture" means the production, preparation, | 24 | | propagation,
compounding,
conversion or processing of | 25 | | cannabis, either directly or indirectly, by
extraction from | 26 | | substances of natural origin, or independently by means
of |
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| 1 | | chemical synthesis, or by a combination of extraction and | 2 | | chemical
synthesis,
and includes any packaging or repackaging | 3 | | of cannabis or labeling of its
container, except that this term | 4 | | does not include the preparation, compounding,
packaging, or | 5 | | labeling of cannabis as an incident to lawful research, | 6 | | teaching,
or chemical analysis and not for sale.
| 7 | | (i) "Person" means any individual, corporation, government | 8 | | or governmental
subdivision or agency, business trust, estate, | 9 | | trust, partnership or association,
or any other entity.
| 10 | | (j) "Produce" or "production" means planting, cultivating, | 11 | | tending or harvesting.
| 12 | | (k) "State" includes the State of Illinois and any state, | 13 | | district, commonwealth,
territory, insular possession thereof, | 14 | | and any area subject to the legal
authority of the United | 15 | | States of America.
| 16 | | (l) "Subsequent offense" means an offense under this Act, | 17 | | the offender
of which, prior to his conviction of the offense, | 18 | | has at any time been convicted
under this Act or under any laws | 19 | | of the United States or of any state relating
to cannabis, or | 20 | | any controlled substance as defined in the Illinois Controlled
| 21 | | Substances Act.
| 22 | | (Source: P.A. 89-507, eff. 7-1-97 .)
| 23 | | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
| 24 | | Sec. 5.
It is unlawful for any person knowingly to | 25 | | manufacture, deliver, or
possess with intent to deliver, or |
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| 1 | | manufacture, cannabis , other than hash oil . Any person who
| 2 | | violates this section with respect to:
| 3 | | (a) not more than 2.5 grams of any substance containing | 4 | | cannabis , other than hash oil, is
guilty of a Class B | 5 | | misdemeanor;
| 6 | | (b) more than 2.5 grams but not more than 10 grams of any | 7 | | substance
containing cannabis , other than hash oil, is guilty | 8 | | of a Class A misdemeanor;
| 9 | | (c) more than 10 grams but not more than 30 grams of any | 10 | | substance
containing cannabis , other than hash oil, is guilty | 11 | | of a Class 4 felony;
| 12 | | (d) more than 30 grams but not more than 500 grams of any | 13 | | substance
containing cannabis , other than hash oil, is guilty | 14 | | of a Class 3 felony for which a fine not
to exceed $50,000 may | 15 | | be imposed;
| 16 | | (e) more than 500 grams but not more than 2,000 grams of | 17 | | any substance
containing cannabis , other than hash oil, is | 18 | | guilty
of a Class 2 felony for which a fine not to exceed | 19 | | $100,000 may be
imposed;
| 20 | | (f) more than 2,000 grams but not more than 5,000 grams of | 21 | | any
substance containing cannabis , other than hash oil, is | 22 | | guilty of a Class 1 felony for which a
fine not to exceed | 23 | | $150,000 may be imposed;
| 24 | | (g) more than 5,000 grams of any substance containing | 25 | | cannabis , other than hash oil, is guilty
of a Class X felony | 26 | | for which a fine not to exceed $200,000 may be imposed.
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| 1 | | (Source: P.A. 90-397, eff. 8-15-97.)
| 2 | | (720 ILCS 550/5.05 new) | 3 | | Sec. 5.05. Manufacture, delivery, or possession with | 4 | | intent to manufacture or deliver hash oil. It is unlawful for | 5 | | any person knowingly to manufacture, deliver, or
possess with | 6 | | intent to deliver, or manufacture, hash oil. Any person who
| 7 | | violates this Section with respect to: | 8 | | (a) not more than 1 gram of any substance containing hash | 9 | | oil is guilty of a Class 3 felony; | 10 | | (b) more than 1 gram but not more than 4 grams of any | 11 | | substance containing hash oil is guilty of a Class 2 felony; | 12 | | (c) more than 4 grams but not more than 400 grams of any | 13 | | substance containing hash oil is guilty of a Class 1 felony; | 14 | | (d) more than 400 grams of any substance containing hash | 15 | | oil is guilty of a Class X felony.
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