Full Text of SB3467 101st General Assembly
SB3467 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3467 Introduced 2/14/2020, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED: |
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Amends the Cannabis Regulation and Tax Act. Provides that a person under 21 years of age who possesses 30 grams or less of cannabis is guilty of a Class A misdemeanor (rather than a civil law violation). Provides that a person under 21 years of age who possesses more than 30 grams of cannabis is subject to the penalties provided in the Cannabis Control Act. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Section 10-15 as follows: | 6 | | (410 ILCS 705/10-15)
| 7 | | Sec. 10-15. Persons under 21 years of age. | 8 | | (a) Nothing in this Act is intended to permit the transfer | 9 | | of cannabis, with or without remuneration, to a person under 21 | 10 | | years of age, or to allow a person under 21 years of age to | 11 | | purchase, possess, use, process, transport, grow, or consume | 12 | | cannabis except where authorized by the Compassionate Use of | 13 | | Medical Cannabis Program Act or by the Community College | 14 | | Cannabis Vocational Pilot Program. | 15 | | (b) Notwithstanding any other provisions of law | 16 | | authorizing the possession of medical cannabis, nothing in this | 17 | | Act authorizes a person who is under 21 years of age to possess | 18 | | cannabis. A person under 21 years of age who possesses 30 grams | 19 | | or less of with cannabis in his or her possession is guilty of | 20 | | a Class A misdemeanor civil law violation as outlined in | 21 | | paragraph (a) of Section 4 of the Cannabis Control Act . A | 22 | | person under 21 years of age who possesses more than 30 grams | 23 | | of cannabis is subject to the penalties provided in Section 4 |
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| 1 | | of the Cannabis Control Act. | 2 | | (c) If the person under the age of 21 was in a motor | 3 | | vehicle at the time of the offense, the Secretary of State may | 4 | | suspend or revoke the driving privileges of any person for a | 5 | | violation of this Section under Section 6-206 of the Illinois | 6 | | Vehicle Code and the rules adopted under it. | 7 | | (d) It is unlawful for any parent or guardian to knowingly | 8 | | permit his or her residence, any other private property under | 9 | | his or her control, or any vehicle, conveyance, or watercraft | 10 | | under his or her control to be used by an invitee of the | 11 | | parent's child or the guardian's ward, if the invitee is under | 12 | | the age of 21, in a manner that constitutes a violation of this | 13 | | Section. A parent or guardian is deemed to have knowingly | 14 | | permitted his or her residence, any other private property | 15 | | under his or her control, or any vehicle, conveyance, or | 16 | | watercraft under his or her control to be used in violation of | 17 | | this Section if he or she knowingly authorizes or permits | 18 | | consumption of cannabis by underage invitees. Any person who | 19 | | violates this subsection (d) is guilty of a Class A misdemeanor | 20 | | and the person's sentence shall include, but shall not be | 21 | | limited to, a fine of not less than $500. If a violation of | 22 | | this subsection (d) directly or indirectly results in great | 23 | | bodily harm or death to any person, the person violating this | 24 | | subsection is guilty of a Class 4 felony. In this subsection | 25 | | (d), where the residence or other property has an owner and a | 26 | | tenant or lessee, the trier of fact may infer that the |
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| 1 | | residence or other property is occupied only by the tenant or | 2 | | lessee.
| 3 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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