HB218 | Illinois 2015-2016 | CANNABIS PENALTIES

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On September 9, 2015 in the House:

Bill Dead - No Positive Action Taken - Amendatory Veto

On August 25, 2015 in the House:

Placed on Calendar Amendatory Veto August 25, 2015

On August 14, 2015 in the House:

Governor Amendatory Veto

On June 19, 2015 in the House:

Sent to the Governor

On May 21, 2015 in the House:

Passed Both Houses

On May 21, 2015 in the Senate:

Third Reading - Passed; 037-019-000
Motion Filed to Reconsider Vote Sen. Don Harmon
Motion to Reconsider Vote - Tabled
Third Reading - Passed; 037-019-000

On May 12, 2015 in the Senate:

Second Reading
Placed on Calendar Order of 3rd Reading May 13, 2015

On May 6, 2015 in the Senate:

Do Pass Criminal Law; 009-003-000
Placed on Calendar Order of 2nd Reading May 7, 2015

On April 29, 2015 in the Senate:

Assigned to Criminal Law
Alternate Chief Sponsor Changed to Sen. Michael Noland

On April 28, 2015 in the Senate:

First Reading
Referred to Assignments

On April 23, 2015 in the Senate:

Arrive in Senate
Placed on Calendar Order of First Reading

On April 23, 2015 in the House:

Third Reading - Short Debate - Passed 062-053-000

On April 22, 2015 in the House:

House Floor Amendment No. 2 Adopted
House Floor Amendment No. 3 Adopted
House Floor Amendment No. 4 Adopted
Placed on Calendar Order of 3rd Reading - Short Debate

On April 21, 2015 in the House:

House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000
House Floor Amendment No. 3 Recommends Be Adopted Restorative Justice Committee; 007-002-000

On April 20, 2015 in the House:

House Floor Amendment No. 3 Rules Refers to Restorative Justice Committee
House Floor Amendment No. 4 Filed with Clerk by Rep. Kelly M. Cassidy
House Floor Amendment No. 4 Referred to Rules Committee

On April 15, 2015 in the House:

House Floor Amendment No. 3 Filed with Clerk by Rep. Kelly M. Cassidy
House Floor Amendment No. 3 Referred to Rules Committee
Second Reading - Short Debate
Held on Calendar Order of Second Reading - Short Debate

On March 25, 2015 in the House:

House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000

On March 23, 2015 in the House:

House Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy
House Floor Amendment No. 2 Referred to Rules Committee

On March 17, 2015 in the House:

House Committee Amendment No. 1 Fiscal Note Filed as Amended

On March 13, 2015 in the House:

Correctional Note Filed
House Committee Amendment No. 1 Correctional Note Filed as Amended

On March 12, 2015 in the House:

House Committee Amendment No. 1 Adopted in Restorative Justice Committee; by Voice Vote
Do Pass as Amended / Short Debate Restorative Justice Committee; 006-004-000
Placed on Calendar 2nd Reading - Short Debate
House Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Kelly M. Cassidy
House Committee Amendment No. 1 Correctional Note Requested as Amended by Rep. Kelly M. Cassidy

On March 10, 2015 in the House:

House Committee Amendment No. 1 Rules Refers to Restorative Justice Committee

On March 6, 2015 in the House:

House Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
House Committee Amendment No. 1 Referred to Rules Committee

On February 3, 2015 in the House:

Assigned to Restorative Justice Committee

On January 23, 2015 in the House:

First Reading
Referred to Rules Committee

On January 16, 2015 in the House:

Filed with the Clerk by Rep. Kelly M. Cassidy

House Amendment 004

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1. In the amendatory changes to the Cannabis Control Act: (1) provides that the possession of 15 grams or less of cannabis is a civil law violation punishable by a minimum fine of $55 and a maximum fine of $125; (2) deletes the amendatory changes to the first-time probation provision; and (3) creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a person commits the offense 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 product using volatile or explosive gas, including, but not limited to canisters of butane gas, with the intent to manufacture, compound, covert, produce, derive, process, or prepare either directly or indirectly any cannabis-based product. Provides that a violation is a Class 2 felony. Provides that the provisions of any ordinance enacted by any municipality or unit of local government which imposes a fine upon cannabis other than as defined in the Cannabis Control Act are not invalidated or affected by this Act. In the amendatory changes to the Criminal Identification Act, deletes provision that the law enforcement agency shall allow a person to use the Access and Review process, as established in the Department of State Police, for verifying that his or her law enforcement records eligible under this provision have been expunged; and provides that the law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. In the distribution of fines for civil law violations of the Cannabis Control Act and the Drug Paraphernalia Control Act, provides that with respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the State Police within one month after receipt for deposit into the State Police Operations Assistance Fund and with respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund. Amends the Juvenile Court Act of 1987 concerning the confidentiality of juvenile court and juvenile law enforcement records. Provides that the confidentiality applies to those records pertaining to civil law violations of the Cannabis Control Act and Drug Paraphernalia Control Act. Amends the Code of Criminal Procedure of 1963. Provides for the admissibility of cannabis into evidence based only on a properly administered field test or opinion testimony of a peace officer based on training and experience. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 15 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 25 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount). Prohibits a person who is not a CDL holder to accompany or provide instruction, as provided under the Code, to a driver who is a minor and driving a motor vehicle under an instruction permit, while he or she has either 15 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 25 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance (rather than prohibited from supervising a minor if the person has any amount of cannabis in his or blood). Provides that when a person is charged with driving under the influence his or her bodily substance may be tested for the presence of alcohol or drugs. Provides Department of State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Department of State Police laboratories is subject to appropriation and until the Department of State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with specified testing standards. Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that if a person was convicted of a felony under the Cannabis Control Act or a similar provision of a local ordinance or of a law of another jurisdiction, and the action warranting that felony is no longer considered a felony after the effective date of the amendatory Act, that person shall be eligible to receive a registry identification card. Amends various other Acts to make conforming changes.

House Amendment 003

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1. In the amendatory changes to the Cannabis Control Act: (1) provides that the possession of 15 grams or less of cannabis is a civil law violation punishable by a minimum fine of $45 and a maximum fine of $125; (2) deletes the amendatory changes to the first-time probation provision; and (3) creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a person commits the offense 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 product using volatile or explosive gas, including, but not limited to canisters of butane gas, with the intent to manufacture, compound, covert, produce, derive, process, or prepare either directly or indirectly any cannabis-based product. Provides that a violation is a Class 2 felony. In the amendatory changes to the Criminal Identification Act, deletes provision that the law enforcement agency shall allow a person to use the Access and Review process, as established in the Department of State Police, for verifying that his or her law enforcement records eligible under this provision have been expunged; and provides that the law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. In the distribution of fines for civil law violations of the Cannabis Control Act and the Drug Paraphernalia Control Act, provides that with respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the State Police within one month after receipt for deposit into the State Police Operations Assistance Fund and with respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund. Amends the Juvenile Court Act of 1987 concerning the confidentiality of juvenile court and juvenile law enforcement records. Provides that the confidentiality applies to those records pertaining to civil law violations of the Cannabis Control Act and Drug Paraphernalia Control Act. Amends the Code of Criminal Procedure of 1963. Provides for the admissibility of cannabis into evidence based only on a properly administered field test or opinion testimony of a peace officer based on training and experience. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance of 15 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 25 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a concentration in any amount). Provides that when a person is charged with driving under the influence his or her bodily substance may be tested for the presence of alcohol or drugs. Provides Department of State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Department of State Police laboratories is subject to appropriation and until the Department of State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with specified testing standards. Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that if a person was convicted of a felony under the Cannabis Control Act or a similar provision of a local ordinance or of a law of another jurisdiction, and the action warranting that felony is no longer considered a felony after the effective date of the amendatory Act, that person shall be eligible to receive a registry identification card. Amends various other Acts to make conforming changes.

House Amendment 002

House Amendment 001

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that the Department of State Police and the local law enforcement agency shall automatically expunge, on or before January 1 of each year, the law enforcement records of a person convicted of a civil law violation of possessing 30 grams or less of cannabis or drug paraphernalia possessed by the person arrested on the cannabis charge in the Department's or law enforcement agency's possession or control and which contains the final disposition which pertain to the person when arrested for that offense. Amends the Cannabis Control Act. Provides that the possession of 30 grams or less of cannabis is a civil law violation punishable by a maximum fine of $125. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 30 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a maximum fine of $125. Provides for distribution of these fines.