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90_HB2259eng
720 ILCS 550/4 from Ch. 56 1/2, par. 704
720 ILCS 550/5 from Ch. 56 1/2, par. 705
720 ILCS 550/5.1 from Ch. 56 1/2, par. 705.1
Amends the Cannabis Control Act. Reenacts the provisions
of Article 4 of Public Act 89-428 relating to the penalties
for the manufacture and possession of more than 2,000 grams
of cannabis. (Public Act 89-428 was declared
unconstitutional by the Cook County Circuit Court). Effective
immediately.
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1 AN ACT to amend the Cannabis Control Act by changing
2 Sections 4, 5, and 5.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Cannabis Control Act is amended by
6 changing Sections 4, 5, and 5.1 as follows:
7 (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
8 Sec. 4. It is unlawful for any person knowingly to
9 possess cannabis. Any person who violates this section with
10 respect to:
11 (a) not more than 2.5 grams of any substance containing
12 cannabis is guilty of a Class C misdemeanor;
13 (b) more than 2.5 grams but not more than 10 grams of
14 any substance containing cannabis is guilty of a Class B
15 misdemeanor;
16 (c) more than 10 grams but not more than 30 grams of any
17 substance containing cannabis is guilty of a Class A
18 misdemeanor; provided, that if any offense under this
19 subsection (c) is a subsequent offense, the offender shall be
20 guilty of a Class 4 felony;
21 (d) more than 30 grams but not more than 500 grams of
22 any substance containing cannabis is guilty of a Class 4
23 felony; provided that if any offense under this subsection
24 (d) is a subsequent offense, the offender shall be guilty of
25 a Class 3 felony;
26 (e) more than 500 grams but not more than 2,000 grams of
27 any substance containing cannabis is guilty of a Class 3
28 felony;.
29 (f) more than 2,000 grams but not more than 5,000 grams
30 of any substance containing cannabis is guilty of a Class 2
31 felony;
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1 (g) more than 5,000 grams of any substance containing
2 cannabis is guilty of a Class 1 felony.
3 (Source: P.A. 78-255.)
4 (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
5 Sec. 5. It is unlawful for any person knowingly to
6 manufacture, deliver, or possess with intent to deliver, or
7 manufacture, cannabis. Any person who violates this section
8 with respect to:
9 (a) not more than 2.5 grams of any substance containing
10 cannabis is guilty of a Class B misdemeanor;
11 (b) more than 2.5 grams but not more than 10 grams of
12 any substance containing cannabis is guilty of a Class A
13 misdemeanor;
14 (c) more than 10 grams but not more than 30 grams of any
15 substance containing cannabis is guilty of a Class 4 felony;
16 (d) more than 30 grams but not more than 500 grams of
17 any substance containing cannabis is guilty of a Class 3
18 felony for which a fine not to exceed $50,000 may be imposed;
19 (e) more than 500 grams but not more than 2,000 grams of
20 any substance containing cannabis is guilty of a Class 2
21 felony for which a fine not to exceed $100,000 may be
22 imposed;.
23 (f) more than 2,000 grams but not more than 5,000 grams
24 of any substance containing cannabis is guilty of a Class 1
25 felony for which a fine not to exceed $150,000 may be
26 imposed;
27 (g) more than 5,000 grams of any substance containing
28 cannabis is guilty of a Class X felony for which a fine not
29 to exceed $200,000 may be imposed.
30 (Source: P.A. 83-778.)
31 (720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
32 Sec. 5.1. Cannabis Trafficking. (a) Except for purposes
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1 authorized by this Act, any person who knowingly brings or
2 causes to be brought into this State for the purpose of
3 manufacture or delivery or with the intent to manufacture or
4 deliver 2,500 grams or more of cannabis in this State or any
5 other state or country is guilty of cannabis trafficking.
6 (b) A person convicted of cannabis trafficking shall be
7 sentenced to a term of imprisonment not less than twice the
8 minimum term and fined an amount as authorized by subsection
9 (f) or (g) (e) of Section 5 of this Act, based upon the
10 amount of cannabis brought or caused to be brought into this
11 State, and not more than twice the maximum term of
12 imprisonment and fined twice the amount as authorized by
13 subsection (f) or (g) (e) of Section 5 of this Act, based
14 upon the amount of cannabis brought or caused to be brought
15 into this State.
16 (Source: P.A. 85-1388.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.