Illinois · statute · 720 ILCS 550 · 28 active provisions
The General Assembly recognizes that (1) the current state of scientific and medical knowledge concerning the effects of cannabis makes it necessary to acknowledge the physical, psychological and sociological damage which is incumbent upon its use; and (2) the use of cannabis occupies the unusual position of being wide…
This Act shall be known and may be cited as the "Cannabis Control Act". (Source: P.A. 77-758.)
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,…
Except as otherwise provided in the Cannabis Regulation and Tax Act, the Industrial Hemp Act, and the Illinois 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…
Except as otherwise provided in the Cannabis Regulation and Tax Act, the Industrial Hemp Act, and the Illinois 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…
Cannabis trafficking. (a) Except for purposes authorized by this Act, the Industrial Hemp Act, the Illinois Hemp Act, or the Cannabis Regulation and Tax Act, any person who knowingly brings or causes to be brought into this State for the purpose of manufacture or delivery or with the intent to manufacture or deliver 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…
Unlawful use of cannabis-based product manufacturing equipment. (a) A person commits unlawful use of cannabis-based product manufacturing equipment when he or she knowingly engages in the possession, procurement, transportation, storage, or delivery of any equipment used in the manufacturing of any cannabis-based produ…
Any delivery of cannabis which is a casual delivery shall be treated in all respects as possession of cannabis for purposes of penalties. (Source: P.A. 77-758.)
(a) Any person who is at least 18 years of age who violates Section 5 of this Act by delivering cannabis to a person under 18 years of age who is at least 3 years his junior may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized by Section 5. (b) Any person under 18 years of age w…
(Text of Section before amendment by P.A. 104-131) 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…
(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 convicti…
(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(…
(a) Whenever any person pleads guilty to, is found guilty of or is placed on supervision for an offense under this Act, a fine may be levied in addition to any other penalty imposed by the court. (b) In determining whether to impose a fine under this Section and the amount, time for payment and method of payment of any…
(Text of Section from P.A. 104-2) 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 Drug Treatment Fund, to be used by the Department of Human Services for the funding of programs and services for drug-abuse treatment, and preventi…
(a) The Department, with the written approval of the Illinois State Police, may authorize the possession, production, manufacture and delivery of substances containing cannabis by persons engaged in research and when such authorization is requested by a physician licensed to practice medicine in all its branches, such…
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; (3) all conveyances, including aircraft, vehicles, or vesse…
(a) In addition to any other remedies the Director is authorized to file a complaint and apply to any circuit court for, and such circuit court may upon hearing and for cause shown, grant a temporary restraining order or a preliminary or permanent injunction, without bond, restraining any person from violating this Act…
The Director shall cooperate with Federal and other State agencies in discharging his responsibilities concerning traffic in cannabis and in suppressing the use of cannabis. To this end, he may: (1) arrange for the exchange of information among governmental officials concerning the use of cannabis; (2) coordinate and c…
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 of cannabis; (2) make studies and undertake programs of research to: (i) develop new or improved approaches, techniques, sys…
(a) If any cannabis derivative is designated or rescheduled as a controlled substance under federal law and notice thereof is given to the Department, the Department shall similarly control the substance under the Illinois Controlled Substances Act after the expiration of 30 days from publication in the Federal Registe…
It is not necessary for the State to negate any exemption or exception in this Act in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this Act. The burden of proof of any exemption or exception is upon the person claiming it. (Source: P.A. 77-758.)
In any prosecution for any violation of this Act, it shall be an affirmative defense that the substance possessed by the defendant was regulated as a controlled substance under the Illinois Controlled Substances Act. In order to raise this affirmative defense, the defendant shall give notice thereof to the State not le…
Preservation of cannabis or cannabis sativa plants for laboratory testing. (a) Before or after the trial in a prosecution for a violation of Section 4, 5, 5.1, 5.2, 8, or 9 of this Act, a law enforcement agency or an agent acting on behalf of the law enforcement agency must preserve, subject to a continuous chain of cu…
It is hereby made the duty of the Illinois State Police, all peace officers within the State and of all State's attorneys, to enforce all provisions of this Act and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other states, relating to cannabis.…