Full Text of HB6270 98th General Assembly
HB6270 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB6270 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
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Creates the Cannabis Legalization Task Force Act. Creates the Cannabis Legalization Task Force. Provides that the Task Force shall: (1) research all relevant factors related to cannabis legalization including but not limited to: economic, governmental, medical, legal, regulatory, enforcement, licensing, taxation, and other relevant factors; (2) develop legislation for the legalization of recreational cannabis for adults over the age of 21 in this State that will promote the health, safety, and well-being of the citizens of Illinois; create a balanced regulatory framework by proposing efficient and effective regulation that is clear and reasonable and not unduly burdensome and is responsive to consumer needs; create a balanced and fair taxing system needed for the licensing of entities to sell cannabis and the licensing of entities to grow cannabis; report to the General Assembly its findings and recommendations for drafting legislation on or before December 20, 2015; and (3) draft legislation based on the findings and recommendations to be presented to the General Assembly on or before
December 31, 2015. Repeals the Act on January 1, 2016.
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| | A BILL FOR |
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| 1 | | AN ACT creating the Cannabis Legalization Task Force.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Cannabis Legalization Task Force Act. | 6 | | Section 5. Findings.
| 7 | | (a) There have been 180,000 arrests for misdemeanor | 8 | | cannabis possession in the State of Illinois from 1975 to 2009 | 9 | | and Illinois ranked 5th nationally in the number of arrests for | 10 | | possession in 2010; from 2001 to 2010 Illinois ranked fourth in | 11 | | the nation for the rate of arrests for cannabis possession per | 12 | | 100,000 people, more than 150% higher than the national | 13 | | average. | 14 | | (b) Most arrests for cannabis possession do not lead to | 15 | | trials or prison terms. Instead, a large number of these | 16 | | arrests are plea-bargained, continued without a finding, | 17 | | dismissed, or otherwise handled in a manner that makes poor use | 18 | | of limited criminal justice system resources. Cannabis-related | 19 | | arrests in every municipality, including Chicago, result in | 20 | | staggering costs to State and local government by virtue of the | 21 | | necessary involvement of the county jail, Sheriff's | 22 | | department, State's Attorney, Clerk of the Court, judiciary, | 23 | | and often times, the Public Defender, annually costing |
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| 1 | | taxpayers tens of millions of dollars. | 2 | | (c) For the last several years, while Chicago police have | 3 | | made approximately 23,000 arrests a year for cannabis | 4 | | possession, an astounding 97% of charges involving 2.5 grams or | 5 | | less were dismissed between 2006 and 2010. | 6 | | (d) Mirroring national trends, throughout this State, | 7 | | non-whites are arrested at a higher rate than whites relative | 8 | | to their representation in the general population. Arrest data | 9 | | from 2007 indicated that disproportionality in drug arrests | 10 | | occurred in 62 of the 102 counties. Illinois ranks third in the | 11 | | nation for the black to white racial disparity of cannabis | 12 | | possession offenders with African Americans about 7.6 times | 13 | | more likely to be arrested than whites, despite the fact that | 14 | | cannabis use is the same between these 2 groups. Despite the | 15 | | fact that the City of Chicago decriminalized small amounts of | 16 | | cannabis possession 2 years ago and the number of arrests for | 17 | | cannabis possession have dropped to their lowest level in 12 | 18 | | years, police continue to make an average of 44 arrests a day | 19 | | for misdemeanor possession, more than for any other offense, | 20 | | and 78% of those arrested since August 2012 for carrying small | 21 | | amounts of cannabis were African American, 17% were Hispanic, | 22 | | and just 4% were Caucasian. | 23 | | (e) Arresting people for cannabis possession does nothing | 24 | | to reduce its use, rather it can often create barriers to | 25 | | living a normal life by negatively impacting public housing and | 26 | | student financial aid eligibility, employment opportunities, |
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| 1 | | child custody determinations, and immigration status, even if | 2 | | as is almost always the case, the charges are dismissed. | 3 | | (f) Existing evidence from other states and countries show | 4 | | there is no indication that decriminalization of cannabis leads | 5 | | to a measurable increase in its use. | 6 | | (g) Colorado State's Joint Budget Committee expects to | 7 | | collect approximately $184 million in tax revenue from | 8 | | recreational cannabis in the first 18 months of legalized sale, | 9 | | and projects tax revenue of about $610 million when looking at | 10 | | both recreational and medical cannabis sales for that same time | 11 | | period. Washington state budget officials estimate the state | 12 | | will reap about $134 million in tax revenue generated by | 13 | | cannabis sales in the 2015-2017 biennium. | 14 | | (h) Illinois is facing severe budget and financial | 15 | | constraints and lawmakers face the undesirable choice of | 16 | | deciding between increased taxes or substantial service cuts, | 17 | | creating an intelligent, practical framework of cannabis | 18 | | legalization, regulation and taxation can help address a myriad | 19 | | of problems such as improved health and public safety, reduced | 20 | | criminal justice and jail costs, law enforcement efficacy, | 21 | | black market drug displacement as well as increased revenue for | 22 | | education and treatment protocols.
| 23 | | Section 10. Cannabis Legalization Task Force. | 24 | | (a) A Cannabis Legalization Task Force is established, to | 25 | | consist of:
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| 1 | | (1) Two senators, one each appointed by the President | 2 | | and Minority Leader of the Senate; | 3 | | (2) Two Representatives, one each appointed by the | 4 | | Speaker and Minority Leader of the House of | 5 | | Representatives;
| 6 | | (3) One representative each from the following State | 7 | | agencies, appointed as follows: | 8 | | (A) the Governor's office, appointed by the | 9 | | Governor; | 10 | | (B) the Department of Public Health, appointed by | 11 | | the Director of Public Health; | 12 | | (C) the Department of Revenue, appointed by the | 13 | | Director of Revenue; | 14 | | (D) the Department of Commerce and Economic | 15 | | Opportunity, appointed by the Director of Commerce and | 16 | | Economic Opportunity; | 17 | | (E) the Illinois Liquor Control Commission, | 18 | | appointed by the Chairman of the Commission; | 19 | | (F) the Department of State Police, appointed by | 20 | | the Director of State Police; and | 21 | | (G) the Department of Corrections, appointed by | 22 | | the Director of Corrections; | 23 | | (4) One representative from the Office of the Attorney | 24 | | General, appointed by the Attorney General; | 25 | | (5) One representative from a State's Attorney's | 26 | | Office, appointed by the Executive Director of the Office |
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| 1 | | of the State's Attorneys Appellate Prosecutor; | 2 | | (6) One representative each from the following | 3 | | stakeholders, appointed by the Governor: | 4 | | (A) a member from academia; | 5 | | (B) a member from cannabis legalization advocates; | 6 | | (C) a member with expertise in the treatment of | 7 | | drug addictions; | 8 | | (D) a member representing cannabis consumers; | 9 | | (E) a member from the medical cannabis and | 10 | | cultivation industry; | 11 | | (F) a member from the nonmedical use of cannabis | 12 | | industry; | 13 | | (G) a member representing the interests of | 14 | | employers; | 15 | | (H) a member representing the interests of | 16 | | employees; and | 17 | | (I) a member with expertise in legal issues related | 18 | | to cannabis legalization. | 19 | | (b) The Task Force must appoint its own chairperson and | 20 | | other officers and make rules for orderly procedure. | 21 | | (c) A member of the Task Force may not receive compensation | 22 | | as a member of the Task Force; but is entitled to reimbursement | 23 | | for expenses under the State travel control rules, as provided | 24 | | by appropriation. | 25 | | (d) Staff support for the Task Force shall be provided by | 26 | | the Legislative Research Unit and the represented State |
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| 1 | | agencies.
| 2 | | Section 15. Powers and duties of the Task Force.
The Task | 3 | | Force shall: | 4 | | (1) research all relevant factors related to cannabis | 5 | | legalization including but not limited to: economic, | 6 | | governmental, medical, legal, regulatory, enforcement, | 7 | | licensing, taxation, and other relevant factors; | 8 | | (2) develop legislation for the legalization of | 9 | | recreational cannabis for adults over the age of 21 in this | 10 | | State that will promote the health, safety, and well-being | 11 | | of the citizens of Illinois; create a balanced regulatory | 12 | | framework by proposing efficient and effective regulation | 13 | | that is clear and reasonable and not unduly burdensome and | 14 | | is responsive to consumer needs; create a balanced and fair | 15 | | taxing system needed for the licensing of entities to sell | 16 | | cannabis and the licensing of entities to grow cannabis; | 17 | | report to the General Assembly its findings and | 18 | | recommendations for drafting legislation on or before | 19 | | December 20, 2015; and | 20 | | (3) draft legislation based on the findings and | 21 | | recommendations to be presented to the General Assembly on | 22 | | or before
December 31, 2015. | 23 | | Section 20. Repeal. This Act is repealed on January 1, | 24 | | 2016.
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