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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3467 Introduced 2/14/2020, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED:
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Amends the Cannabis Regulation and Tax Act. Provides that a person under 21 years of age who possesses 30 grams or less of cannabis is guilty of a Class A misdemeanor (rather than a civil law violation). Provides that a person under 21 years of age who possesses more than 30 grams of cannabis is subject to the penalties provided in the Cannabis Control Act. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | SB3467 | | LRB101 16368 CPF 65746 b |
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| 1 | | AN ACT concerning health.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended |
| 5 | | by changing Section 10-15 as follows:
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| 6 | | (410 ILCS 705/10-15)
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| 7 | | Sec. 10-15. Persons under 21 years of age. |
| 8 | | (a) Nothing in this Act is intended to permit the transfer |
| 9 | | of cannabis, with or without remuneration, to a person under 21 |
| 10 | | years of age, or to allow a person under 21 years of age to |
| 11 | | purchase, possess, use, process, transport, grow, or consume |
| 12 | | cannabis except where authorized by the Compassionate Use of |
| 13 | | Medical Cannabis Program Act or by the Community College |
| 14 | | Cannabis Vocational Pilot Program. |
| 15 | | (b) Notwithstanding any other provisions of law |
| 16 | | authorizing the possession of medical cannabis, nothing in this |
| 17 | | Act authorizes a person who is under 21 years of age to possess |
| 18 | | cannabis. A person under 21 years of age who possesses 30 grams |
| 19 | | or less of with cannabis in his or her possession is guilty of |
| 20 | | a Class A misdemeanor civil law violation as outlined in |
| 21 | | paragraph (a) of Section 4 of the Cannabis Control Act. A |
| 22 | | person under 21 years of age who possesses more than 30 grams |
| 23 | | of cannabis is subject to the penalties provided in Section 4 |
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| | SB3467 | - 2 - | LRB101 16368 CPF 65746 b |
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| 1 | | of the Cannabis Control Act. |
| 2 | | (c) If the person under the age of 21 was in a motor |
| 3 | | vehicle at the time of the offense, the Secretary of State may |
| 4 | | suspend or revoke the driving privileges of any person for a |
| 5 | | violation of this Section under Section 6-206 of the Illinois |
| 6 | | Vehicle Code and the rules adopted under it. |
| 7 | | (d) It is unlawful for any parent or guardian to knowingly |
| 8 | | permit his or her residence, any other private property under |
| 9 | | his or her control, or any vehicle, conveyance, or watercraft |
| 10 | | under his or her control to be used by an invitee of the |
| 11 | | parent's child or the guardian's ward, if the invitee is under |
| 12 | | the age of 21, in a manner that constitutes a violation of this |
| 13 | | Section. A parent or guardian is deemed to have knowingly |
| 14 | | permitted his or her residence, any other private property |
| 15 | | under his or her control, or any vehicle, conveyance, or |
| 16 | | watercraft under his or her control to be used in violation of |
| 17 | | this Section if he or she knowingly authorizes or permits |
| 18 | | consumption of cannabis by underage invitees. Any person who |
| 19 | | violates this subsection (d) is guilty of a Class A misdemeanor |
| 20 | | and the person's sentence shall include, but shall not be |
| 21 | | limited to, a fine of not less than $500. If a violation of |
| 22 | | this subsection (d) directly or indirectly results in great |
| 23 | | bodily harm or death to any person, the person violating this |
| 24 | | subsection is guilty of a Class 4 felony. In this subsection |
| 25 | | (d), where the residence or other property has an owner and a |
| 26 | | tenant or lessee, the trier of fact may infer that the |