Bill Text: IL SB1639 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Cannabis Control Act. Changes definition of "cannabis" and adds a definition of "concentrated cannabis" to the Act. Provides that the knowing possession of concentrated cannabis in an amount of: (1) less than 1 gram is a Class 4 felony; (2) 1 gram or more but not more than 4 grams is a Class 3 felony; (3) more than 4 grams but not more than 400 grams is a Class 2 felony; and (4) more than 400 grams is a Class 1 felony. Provides that the penalty for the knowing manufacture, delivery, or possession with intent to deliver, or manufacture, concentrated cannabis is one class higher than the penalty for possession of concentrated cannabis. Provides that if a person commits a violation of the Act in a manner that requires an emergency response, the person shall be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response, including but not limited to regular and overtime costs incurred by local law enforcement agencies and private contractors paid by the public agencies in securing the site. Provides that the convicted person shall make this restitution in addition to any other fine or penalty required by law. Provides that in addition to any other penalties and liabilities, a person who is convicted of violating any Section of the Act, whose violation proximately caused any incident resulting in an appropriate emergency response, shall be assessed a fine of $2,500, or $5,000 if the person has been previously convicted of a violation of the Act, payable to the circuit clerk, who shall distribute the money to the law enforcement agency responsible for the mitigation of the incident.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1639 Detail]

Download: Illinois-2015-SB1639-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1639 Introduced 2/20/2015, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED:
See Index
Amends the Cannabis Control Act. Changes definition of "cannabis" and adds a definition of "concentrated cannabis" to the Act. Provides that the knowing possession of concentrated cannabis in an amount of: (1) less than 1 gram is a Class 4 felony; (2) 1 gram or more but not more than 4 grams is a Class 3 felony; (3) more than 4 grams but not more than 400 grams is a Class 2 felony; and (4) more than 400 grams is a Class 1 felony. Provides that the penalty for the knowing manufacture, delivery, or possession with intent to deliver, or manufacture, concentrated cannabis is one class higher than the penalty for possession of concentrated cannabis. Provides that if a person commits a violation of the Act in a manner that requires an emergency response, the person shall be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response, including but not limited to regular and overtime costs incurred by local law enforcement agencies and private contractors paid by the public agencies in securing the site. Provides that the convicted person shall make this restitution in addition to any other fine or penalty required by law. Provides that in addition to any other penalties and liabilities, a person who is convicted of violating any Section of the Act, whose violation proximately caused any incident resulting in an appropriate emergency response, shall be assessed a fine of $2,500, or $5,000 if the person has been previously convicted of a violation of the Act, payable to the circuit clerk, who shall distribute the money to the law enforcement agency responsible for the mitigation of the incident.
LRB099 07231 RLC 27331 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cannabis Control Act is amended by changing
Section 3 and by adding Sections 4.1, 5.01, and 10.4 as
follows:
(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,

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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.
(b-5) "Concentrated cannabis" includes the separated resin
or oil, whether crude or purified, obtained from the plant
Cannabis Sativa through chemical or other methods of
extraction.
(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) "Department of State Police" means the Department of
State Police of the State of Illinois or its successor agency.
(f) "Director" means the Director of the Department of
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

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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. 89-507, eff. 7-1-97.)
(720 ILCS 550/4.1 new)

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Sec. 4.1. Possession of concentrated cannabis prohibited.
It is unlawful for any person knowingly to possess concentrated
cannabis. Any person who violates this Section with respect to:
(1) less than 1 gram of any substance containing
concentrated cannabis is guilty of a Class 4 felony;
(2) 1 gram or more but not more than 4 grams of any
substance containing concentrated cannabis is guilty of a Class
3 felony;
(3) more than 4 grams but not more than 400 grams of any
substance containing concentrated cannabis is guilty of a Class
2 felony;
(4) more than 400 grams of any substance containing
concentrated cannabis is guilty of a Class 1 felony.
(720 ILCS 550/5.01 new)
Sec. 5.01. Manufacture or delivery of concentrated
cannabis prohibited. It is unlawful for any person knowingly to
manufacture, deliver, or possess with intent to deliver, or
manufacture, concentrated cannabis. Any person who violates
this Section with respect to:
(1) less than 1 gram of any substance containing
concentrated cannabis is guilty of a Class 3 felony;
(2) 1 or more grams but not more than 4 grams of any
substance containing concentrated cannabis is guilty of a Class
2 felony;
(3) more than 4 grams but not more than 400 grams of any

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substance containing concentrated cannabis is guilty of a Class
1 felony;
(4) more than 400 grams of any substance containing
concentrated cannabis is guilty of a Class X felony.
(720 ILCS 550/10.4 new)
Sec. 10.4. Violations of Act requiring emergency response;
restitution.
(a) If a person commits a violation of this Act in a manner
that requires an emergency response, the person shall be
required to make restitution to all public entities involved in
the emergency response, to cover the reasonable cost of their
participation in the emergency response, including but not
limited to regular and overtime costs incurred by local law
enforcement agencies and private contractors paid by the public
agencies in securing the site. The convicted person shall make
this restitution in addition to any other fine or penalty
required by law.
(b) Any restitution payments made under this Section shall
be disbursed equitably by the circuit clerk in the following
order:
(1) first, to the agency responsible for the mitigation
of the incident;
(2) second, to the local agencies involved in the
emergency response;
(3) third, to the State agencies involved in the

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emergency response; and
(4) fourth, to the federal agencies involved in the
emergency response.
(c) In addition to any other penalties and liabilities, a
person who is convicted of violating any Section of this Act,
whose violation proximately caused any incident resulting in an
appropriate emergency response, shall be assessed a fine of
$2,500, payable to the circuit clerk, who shall distribute the
money to the law enforcement agency responsible for the
mitigation of the incident. If the person has been previously
convicted of violating any Section of this Act, the fine shall
be $5,000 and the circuit clerk shall distribute the money to
the law enforcement agency responsible for the mitigation of
the incident. In the event that more than one agency is
responsible for an arrest which does not require mitigation,
the amount payable to law enforcement agencies shall be shared
equally. Any moneys received by a law enforcement agency under
this Section shall be used for law enforcement expenses. Any
moneys collected for the Department of State Police shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund.
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INDEX
Statutes amended in order of appearance