Public Act 095-0247
 		





HB1684 Enrolled
LRB095 04888 RLC 24952 b






    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 8 as follows:
 



    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)



    Sec. 8. 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 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 Class A 
misdemeanor.

    (b) More than 5, but not more than 20 plants, is guilty
of 
a Class 4 felony.

    (c) More than 20, but not more than 50 plants, is
guilty of 
a Class 3 felony.

    (d) More than 50, but not more than 200 plants, is 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.
    (e) More than 200 plants is guilty of a Class 1 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.


(Source: P.A. 84-1233.)