(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
Sec. 3. As used in this Act, unless the context otherwise requires:
(a) "Cannabis" includes marihuana, hashish and other substances which
are identified as including any parts of the plant Cannabis Sativa, whether
growing or not; the seeds thereof, the resin extracted from any part of
such plant; and any compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds, or resin, including tetrahydrocannabinol
(THC) and all other cannabinol derivatives, including its naturally occurring
or synthetically produced ingredients, whether produced directly or indirectly
by extraction, or independently by means of chemical synthesis or by a
combination
of extraction and chemical synthesis; but shall not include the mature stalks
of such plant, fiber produced from such stalks, oil or cake made from the
seeds of such plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of such mature stalks (except the resin extracted
therefrom), fiber, oil or cake, or the sterilized seed of such plant which
is incapable of germination.
(b) "Casual delivery" means the delivery of not more than 10 grams of
any substance containing cannabis without consideration.
(c) "Department" means the Illinois Department of Human Services (as
successor to the Department of Alcoholism and Substance Abuse) or its successor agency.
(d) "Deliver" or "delivery" means the actual, constructive or attempted
transfer of possession of cannabis, with or without consideration, whether
or not there is an agency relationship.
(e) (Blank).
(f) "Director" means the Director of the Illinois State Police
or his designated agent.
(g) "Local authorities" means a duly organized State, county, or municipal
peace unit or police force.
(h) "Manufacture" means the production, preparation, propagation,
compounding,
conversion or processing of cannabis, either directly or indirectly, by
extraction from substances of natural origin, or independently by means
of chemical synthesis, or by a combination of extraction and chemical
synthesis,
and includes any packaging or repackaging of cannabis or labeling of its
container, except that this term does not include the preparation, compounding,
packaging, or labeling of cannabis as an incident to lawful research, teaching,
or chemical analysis and not for sale.
(i) "Person" means any individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or association,
or any other entity.
(j) "Produce" or "production" means planting, cultivating, tending or harvesting.
(k) "State" includes the State of Illinois and any state, district, commonwealth,
territory, insular possession thereof, and any area subject to the legal
authority of the United States of America.
(l) "Subsequent offense" means an offense under this Act, the offender
of which, prior to his conviction of the offense, has at any time been convicted
under this Act or under any laws of the United States or of any state relating
to cannabis, or any controlled substance as defined in the Illinois Controlled
Substances Act.
(Source: P.A. 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.)
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(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to possess cannabis. Any person
who violates this Section with respect to:
(a) not more than 10 grams of any substance |
| containing cannabis is guilty of a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. The proceeds of the fine shall be payable to the clerk of the circuit court. Within 30 days after the deposit of the fine, the clerk shall distribute the proceeds of the fine as follows:
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(1) $10 of the fine to the circuit clerk and $10
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| of the fine to the law enforcement agency that issued the citation; the proceeds of each $10 fine distributed to the circuit clerk and each $10 fine distributed to the law enforcement agency that issued the citation for the violation shall be used to defer the cost of automatic expungements under paragraph (2.5) of subsection (a) of Section 5.2 of the Criminal Identification Act;
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(2) $15 to the county to fund drug addiction
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(3) $10 to the Office of the State's Attorneys
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| Appellate Prosecutor for use in training programs;
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(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
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| enforcement agency that issued the citation for the violation.
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With respect to funds designated for the Illinois
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| State Police, the moneys shall be remitted by the circuit court clerk to the Illinois State Police within one month after receipt for deposit into the State Police Operations Assistance Fund. With respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund;
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(b) more than 10 grams but not more than 30 grams of
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| any substance containing cannabis is guilty of a Class B misdemeanor;
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(c) more than 30 grams but not more than 100 grams of
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| any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;
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(d) more than 100 grams but not more than 500 grams
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| of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;
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(e) more than 500 grams but not more than 2,000 grams
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| of any substance containing cannabis is guilty of a Class 3 felony;
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(f) more than 2,000 grams but not more than 5,000
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| grams of any substance containing cannabis is guilty of a Class 2 felony;
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(g) more than 5,000 grams of any substance containing
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| cannabis is guilty of a Class 1 felony.
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Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed against a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.)
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(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
Sec. 5.
Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to manufacture, deliver, or
possess with intent to deliver, or manufacture, cannabis. Any person who
violates this Section with respect to:
(a) not more than 2.5 grams of any substance |
| containing cannabis is guilty of a Class B misdemeanor;
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(b) more than 2.5 grams but not more than 10 grams of
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| any substance containing cannabis is guilty of a Class A misdemeanor;
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(c) more than 10 grams but not more than 30 grams of
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| any substance containing cannabis is guilty of a Class 4 felony;
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(d) more than 30 grams but not more than 500 grams of
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| any substance containing cannabis is guilty of a Class 3 felony for which a fine not to exceed $50,000 may be imposed;
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(e) more than 500 grams but not more than 2,000 grams
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| of any substance containing cannabis is guilty of a Class 2 felony for which a fine not to exceed $100,000 may be imposed;
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(f) more than 2,000 grams but not more than 5,000
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| grams of any substance containing cannabis is guilty of a Class 1 felony for which a fine not to exceed $150,000 may be imposed;
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(g) more than 5,000 grams of any substance containing
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| cannabis is guilty of a Class X felony for which a fine not to exceed $200,000 may be imposed.
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(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
Sec. 5.2. Delivery of cannabis on school grounds.
(a) Any person who violates subsection (e) of Section 5 in any school,
on the real property comprising any school, or any conveyance owned, leased
or contracted by a school to transport students to or from school or a
school related activity, or on any public way within
500 feet of the real property comprising any school, or in any conveyance
owned, leased or contracted by a school to transport students to or from
school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring, is guilty of a Class
1 felony, the fine for which shall not exceed $200,000.
(b) Any person who violates subsection (d) of Section 5 in any school,
on the real property comprising any school, or any conveyance owned, leased
or contracted by a school to transport students to or from school or a
school related activity, or on any public way within 500 feet of the real
property comprising any school, or in any conveyance owned, leased or
contracted by a school to transport students to or from school or a school
related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring, is guilty of a Class 2 felony, the fine for which shall
not exceed $100,000.
(c) Any person who violates subsection (c) of Section 5 in any school,
on the real property comprising any school, or any conveyance owned, leased
or contracted by a school to transport students to or from school or a
school related activity, or on any public way within 500 feet of the real
property comprising any school, or in any conveyance owned, leased or
contracted by a school to transport students to or from school or a school
related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring, is guilty of a Class 3 felony, the fine for which shall
not exceed $50,000.
(d) Any person who violates subsection (b) of Section 5 in any school,
on the real property comprising any school, or any conveyance owned, leased
or contracted by a school to transport students to or from school or a
school related activity, or on any public way within 500 feet of the real
property comprising any school, or in any conveyance owned, leased or
contracted by a school to transport students to or from school or a school
related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring, is guilty of a Class 4 felony, the fine for which shall
not exceed $25,000.
(e) Any person who violates subsection (a) of Section 5 in any school,
on the real property comprising any school, or in any conveyance owned, leased
or contracted by a school to transport students to or from school or a
school related activity, on any public way within 500 feet of the real
property comprising any school, or any conveyance owned, leased or
contracted by a school to transport students to or from school or a school
related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring, is guilty of a Class A misdemeanor.
(f) This Section does not apply to a violation that occurs in or on the grounds of a building that is designated as a school but is no longer operational or active as a school, including a building that is temporarily or permanently closed by a unit of local government.(Source: P.A. 101-429, eff. 8-20-19; 102-558, eff. 8-20-21.)
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(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
Sec. 8. Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to produce the Cannabis
sativa plant or to possess such plants unless production or possession
has been authorized pursuant to the provisions of Section 11 or 15.2 of the Act.
Any person who violates this Section with respect to production or possession of:
(a) Not more than 5 plants is guilty of a civil |
| violation punishable by a minimum fine of $100 and a maximum fine of $200. The proceeds of the fine are payable to the clerk of the circuit court. Within 30 days after the deposit of the fine, the clerk shall distribute the proceeds of the fine as follows:
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(1) $10 of the fine to the circuit clerk and $10
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| of the fine to the law enforcement agency that issued the citation; the proceeds of each $10 fine distributed to the circuit clerk and each $10 fine distributed to the law enforcement agency that issued the citation for the violation shall be used to defer the cost of automatic expungements under paragraph (2.5) of subsection (a) of Section 5.2 of the Criminal Identification Act;
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(2) $15 to the county to fund drug addiction
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(3) $10 to the Office of the State's Attorneys
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| Appellate Prosecutor for use in training programs;
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(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
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| enforcement agency that issued the citation for the violation.
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With respect to funds designated for the Illinois
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| State Police, the moneys shall be remitted by the circuit court clerk to the State Treasurer within one month after receipt for deposit into the State Police Operations Assistance Fund. With respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund.
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(b) More than 5, but not more than 20 plants, is
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| guilty of a Class 4 felony.
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(c) More than 20, but not more than 50 plants, is
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| guilty of a Class 3 felony.
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(d) More than 50, but not more than 200 plants, is
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| guilty of a Class 2 felony for which a fine not to exceed $100,000 may be imposed and for which liability for the cost of conducting the investigation and eradicating such plants may be assessed. Compensation for expenses incurred in the enforcement of this provision shall be transmitted to and deposited in the treasurer's office at the level of government represented by the Illinois law enforcement agency whose officers or employees conducted the investigation or caused the arrest or arrests leading to the prosecution, to be subsequently made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating controlled substances and cannabis. If such seizure was made by a combination of law enforcement personnel representing different levels of government, the court levying the assessment shall determine the allocation of such assessment. The proceeds of assessment awarded to the State treasury shall be deposited in a special fund known as the Drug Traffic Prevention Fund.
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(e) More than 200 plants is guilty of a Class 1
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| felony for which a fine not to exceed $100,000 may be imposed and for which liability for the cost of conducting the investigation and eradicating such plants may be assessed. Compensation for expenses incurred in the enforcement of this provision shall be transmitted to and deposited in the treasurer's office at the level of government represented by the Illinois law enforcement agency whose officers or employees conducted the investigation or caused the arrest or arrests leading to the prosecution, to be subsequently made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating controlled substances and cannabis. If such seizure was made by a combination of law enforcement personnel representing different levels of government, the court levying the assessment shall determine the allocation of such assessment. The proceeds of assessment awarded to the State treasury shall be deposited in a special fund known as the Drug Traffic Prevention Fund.
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(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
Sec. 9.
(a) Any person who engages in a calculated criminal
cannabis conspiracy, as defined in subsection (b), is guilty of a Class
3 felony, and fined not more than $200,000 and shall be subject to the
forfeitures prescribed in subsection (c); except that, if any person
engages in such offense after one or more prior convictions under this
Section, Section 4(d), Section 5(d), Section 8(d) or any law of the United
States
or of any state relating to cannabis, or controlled substances as
defined in the Illinois Controlled Substances Act, in addition to the
fine and forfeiture authorized above, he shall be guilty of a Class 1
felony.
(b) For purposes of this Section, a person engages in a calculated
criminal cannabis conspiracy when:
(1) he violates Section 4(d), 4(e), 5(d), 5(e), 8(c) |
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(2) such violation is a part of a conspiracy
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| undertaken or carried on with 2 or more other persons; and
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(3) he obtains anything of value greater than $500
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| from, or organizes, directs or finances such violation or conspiracy.
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(c) Any person who is convicted under this Section of engaging in a
calculated criminal cannabis conspiracy shall forfeit to the State of
Illinois:
(1) the receipts obtained by him in such conspiracy;
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(2) any of his interests in, claims against, receipts
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| from, or property or rights of any kind affording a source of influence over, such conspiracy.
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(d) The circuit court may enter such injunctions, restraining
orders, directions, or prohibitions, or take such other actions,
including the acceptance of satisfactory performance bonds, in
connection with any property, claim, receipt, right or other interest
subject to forfeiture under this Section, as it deems proper.
(Source: P.A. 103-51, eff. 1-1-24.)
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(720 ILCS 550/10) (from Ch. 56 1/2, par. 710) (Text of Section before amendment by P.A. 103-702)
Sec. 10. (a)
Whenever any person who has not previously been convicted of any felony offense under this Act or any
law of the United States or of any State relating to cannabis, or controlled
substances as defined in the Illinois Controlled Substances Act, pleads
guilty to or is found guilty of violating Sections 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a
judgment and with the consent of such person, sentence him to probation.
(b) When a person is placed on probation, the court shall enter an order
specifying a period of probation of 24 months, and shall defer further
proceedings in
the case until the conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not violate
any criminal statute of any jurisdiction; (2) refrain from possession of a
firearm
or other dangerous weapon; (3) submit to periodic drug testing at a time and in
a manner as ordered by the court, but no less than 3 times during the period of
the probation, with the cost of the testing to be paid by the probationer; and
(4) perform no less than 30 hours of community service, provided community
service is available in the jurisdiction and is funded and approved by the
county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or |
| participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
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(4) undergo medical or psychiatric treatment; or
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| treatment for drug addiction or alcoholism;
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(5) attend or reside in a facility established for
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| the instruction or residence of defendants on probation;
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(6) support his dependents;
(7) refrain from possessing a firearm or other
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(7-5) refrain from having in his or her body the
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| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions to his
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| own support at home or in a foster home.
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(e) Upon violation of a term or condition of probation, the
court
may enter a judgment on its original finding of guilt and proceed as otherwise
provided.
(f) Upon fulfillment of the terms and
conditions of probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a conviction
for the purposes of imposing the conditions of probation and for appeal,
however, discharge and dismissal under this Section is not a conviction for
purposes of disqualification or disabilities imposed by law upon conviction of
a crime (including the additional penalty imposed for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) of this Act).
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years
subsequent to a discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the sentencing proceeding
for that conviction
as a factor in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(k) Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed against a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23.)
(Text of Section after amendment by P.A. 103-702)
Sec. 10. (a) Whenever any person who has not previously been convicted of any felony offense under this Act or any law of the United States or of any State relating to cannabis, or controlled substances as defined in the Illinois Controlled Substances Act, pleads guilty to or is found guilty of violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a judgment and with the consent of such person, sentence him to probation. A sentence under this Section shall not be considered a conviction under Illinois law unless and until judgment is entered under subsection (e) of this Section.
(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months, and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possession of a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require that the person:
(1) make a report to and appear in person before or
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| participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
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(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
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(4) undergo medical or psychiatric treatment; or
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| treatment for drug addiction or alcoholism;
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(5) attend or reside in a facility established for
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| the instruction or residence of defendants on probation;
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(6) support his dependents;
(7) refrain from possessing a firearm or other
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(7-5) refrain from having in his or her body the
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| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions to his
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| own support at home or in a foster home.
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|
(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, a sentence under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime (including the additional penalty imposed for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d) of this Act) unless and until judgment is entered.
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(k) Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed against a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23; 103-702, eff. 1-1-25.)
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(720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)
Sec. 10.2. (a) Twelve and one-half percent of all amounts collected
as fines pursuant to the provisions of this Act shall be paid into the
Youth Drug Abuse Prevention Fund, which is hereby created in the State
treasury, to be used by the Department of Human Services
for the funding of programs and services for drug-abuse treatment, and
prevention and education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of all fines received
under the provisions of this Act shall be transmitted to and deposited in
the treasurer's office at the level of government as follows:
(1) If such seizure was made by a combination of law |
| enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.
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(2) If such seizure was made by State law enforcement
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| personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.
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(3) If a State law enforcement agency in combination
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| with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.
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(c) The proceeds of all fines allocated to the law enforcement agency or
agencies of the unit or units of local government pursuant to subsection
(b) shall be made available to that law enforcement agency as expendable
receipts for use in the enforcement of laws regulating controlled
substances and cannabis. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug Traffic
Prevention Fund, except that amounts distributed to the Secretary of State
shall be deposited into the Secretary of State Evidence Fund to be used as
provided in Section 2-115 of the Illinois Vehicle Code.
Monies from this fund may be used by the Illinois State Police for use in the enforcement of laws regulating controlled
substances and cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; to defray costs and expenses
associated with returning violators of this Act, the Illinois Controlled
Substances Act, and the Methamphetamine Control and Community Protection Act only, as provided in such Acts, when punishment of the crime
shall be confinement of the criminal in the penitentiary; and all other
monies shall be paid into the general revenue fund in the State treasury.
(Source: P.A. 102-538, eff. 8-20-21.)
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(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
Sec. 12. Forfeiture. (a) The following are subject to forfeiture:
(1) (blank);
(2) all raw materials, products, and equipment of any |
| kind which are produced, delivered, or possessed in connection with any substance containing cannabis in a felony violation of this Act;
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(3) all conveyances, including aircraft, vehicles, or
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| vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of any substance containing cannabis or property described in paragraph (2) of this subsection (a) that constitutes a felony violation of the Act, but:
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(i) no conveyance used by any person as a common
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| carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the violation;
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(ii) no conveyance is subject to forfeiture under
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| this Section by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent;
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(iii) a forfeiture of a conveyance encumbered by
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| a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;
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(4) all money, things of value, books, records, and
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| research products and materials including formulas, microfilm, tapes, and data which are used, or intended for use, in a felony violation of this Act;
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(5) everything of value furnished or intended to be
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| furnished by any person in exchange for a substance in violation of this Act, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to commit or in any manner to facilitate any felony violation of this Act;
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(6) all real property, including any right, title,
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| and interest including, but not limited to, any leasehold interest or the beneficial interest in a land trust, in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used to facilitate the manufacture, distribution, sale, receipt, or concealment of a substance containing cannabis or property described in paragraph (2) of this subsection (a) that constitutes a felony violation of this Act involving more than 2,000 grams of a substance containing cannabis or that is the proceeds of any felony violation of this Act.
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(b) Property subject to forfeiture under this Act may be seized under the Drug Asset Forfeiture Procedure Act. In the event of seizure, forfeiture proceedings shall be instituted under the Drug Asset Forfeiture Procedure Act.
(c) Forfeiture under this Act is subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis as provided under Section 9.5 of the Drug Asset Forfeiture Procedure Act.
(c-1) With regard to possession of cannabis offenses only, a sum of currency with a value of less than $500 shall not be subject to forfeiture under this Act. For all other offenses under this Act, a sum of currency with a value of less than $100 shall not be subject to forfeiture under this Act. In seizures of currency in excess of these amounts, this Section shall not create an exemption for these amounts.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) Contraband, including cannabis possessed without authorization under State or federal law, is not subject to forfeiture. No property right exists in contraband. Contraband is subject to seizure and shall be disposed of according to State law.
(i) The changes made to this Section by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018.
(j) The changes made to this Section by Public Act 100-699 are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
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(720 ILCS 550/15) (from Ch. 56 1/2, par. 715)
Sec. 15.
The Department shall
encourage research on cannabis. In connection with the research, and in
furtherance of the purposes of this Act, it may:
(1) establish methods to assess accurately the effect |
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(2) make studies and undertake programs of research
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(i) develop new or improved approaches,
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| techniques, systems, equipment and devices to strengthen the enforcement of this Act;
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(ii) determine patterns of use of cannabis and
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(iii) improve methods for preventing, predicting,
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| understanding, and dealing with the use of cannabis;
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(3) enter into contracts with public agencies,
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| educational institutions, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which relate to the use of cannabis.
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(Source: P.A. 83-969.)
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(720 ILCS 550/15.2) Sec. 15.2. Industrial hemp pilot program. (a) Pursuant to Section 7606 of the federal Agricultural Act of 2014, an institution of higher education or the Department of Agriculture may grow or cultivate industrial hemp if: (1) the industrial hemp is grown or cultivated for |
| purposes of research conducted under an agricultural pilot program or other agricultural or academic research;
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(2) the pilot program studies the growth,
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| cultivation, or marketing of industrial hemp; and
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(3) any site used for the growing or cultivating of
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| industrial hemp is certified by, and registered with, the Department of Agriculture.
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(b) Before conducting industrial hemp research, an institution of higher education shall notify the Department of Agriculture and any local law enforcement agency in writing.
(c) The institution of higher education shall provide quarterly reports and an annual report to the
Department of Agriculture on the research and the research program shall be subject to random inspection by the Department of Agriculture, the Illinois State Police, or local law enforcement agencies. The institution of higher education shall submit the annual report to the Department of Agriculture on or before October 1.
(d) The Department of Agriculture may adopt rules to implement this Section. In order to provide for the expeditious and timely implementation of this Section, upon notification by an institution of higher education that the institution wishes to engage in the growth or cultivation of industrial hemp for agricultural research purposes, the Department of Agriculture may adopt emergency rules under Section 5-45 of the Illinois Administrative Procedure Act to implement the provisions of this Section. If changes to the rules are required to comply with federal rules, the Department of Agriculture may adopt peremptory rules as necessary to comply with changes to corresponding federal rules. All other rules that the Department of Agriculture deems necessary to adopt in connection with this Section must proceed through the ordinary rule-making process. The adoption of emergency rules authorized by this Section shall be deemed to be necessary for the public interest, safety, and welfare.
The Department of Agriculture may determine, by rule, the duration of an institution of higher education's pilot program or industrial hemp research. If the institution of higher education has not completed its program within the timeframe established by rule, then the Department of Agriculture may grant an extension to the pilot program if unanticipated circumstances arose that impacted the program.
(e) As used in this Section:
"Industrial hemp" means cannabis sativa L. having no more than 0.3% total THC available, upon heating, or maximum delta-9 tetrahydrocannabinol content possible.
"Institution of higher education" means a State institution of higher education that offers a 4-year degree in agricultural science.
(Source: P.A. 102-538, eff. 8-20-21.)
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