Illinois Compiled Statutes
Chapter 720 - CRIMINAL OFFENSES
720 ILCS 550/ - Cannabis Control Act.

(720 ILCS 550/1) (from Ch. 56 1/2, par. 701)
Sec. 1.


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 widely used and pervasive among the citizens of Illinois
despite its harmful effects; and (3) previous legislation enacted to
control or forbid the use of cannabis has often unnecessarily and
unrealistically drawn a large segment of our population within the criminal
justice system without succeeding in deterring the expansion of cannabis
use. It is, therefore, the intent of the General Assembly, in the interest
of the health and welfare of the citizens of Illinois, to establish a
reasonable penalty system which is responsive to the current state of
knowledge concerning cannabis and which directs the greatest efforts of law
enforcement agencies toward the commercial traffickers and large-scale
purveyors of cannabis. To this end, this Act provides wide latitude in the
sentencing discretion of the courts and establishes penalties in a sharply
rising progression based on the amount of substances containing cannabis
involved in each case.

(Source: P.A. 77-758.)
 
(720 ILCS 550/2) (from Ch. 56 1/2, par. 702)
Sec. 2.


This Act shall be known and may be cited as the "Cannabis Control Act".

(Source: P.A. 77-758.)
 
(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, 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.
(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) (Blank).
(f) "Director" means the Director of the Illinois 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 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. 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.)
 
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to possess cannabis.
Any person
who violates this Section with respect to:
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.)
 
(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
Sec. 5.
Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial 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:
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
(720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
Sec. 5.1. Cannabis trafficking.
(a) Except for purposes authorized by
this Act, the Industrial 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 2,500 grams or more of cannabis in this State or any
other state or country is guilty of cannabis trafficking.
(b) A person convicted of cannabis trafficking shall be sentenced to a
term of imprisonment not less than twice the minimum term and fined an
amount as authorized by subsection (f) or (g) of Section 5 of this
Act, based upon
the amount of cannabis brought or caused to be brought into this State, and
not more than twice the maximum term of imprisonment and fined twice the
amount as authorized by subsection (f) or (g) of Section 5 of this
Act, based upon the amount
of cannabis brought or caused to be brought into this State.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
Sec. 5.2. 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 of the real property comprising any school, or in any conveyance
owned, leased or contracted by a school to transport students to or from
school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring, is guilty of a Class
1 felony, the fine for which shall not exceed $200,000.
(b) Any person who violates subsection (d) 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 of the real
property comprising any school, or in any conveyance owned, leased or
contracted by a school to transport students to or from school or a school
related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring, is guilty of a Class 2 felony, the fine for which shall
not exceed $100,000.
(c) Any person who violates subsection (c) 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 of the real
property comprising any school, or in any conveyance owned, leased or
contracted by a school to transport students to or from school or a school
related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring, is guilty of a Class 3 felony, the fine for which shall
not exceed $50,000.
(d) Any person who violates subsection (b) 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 of the real
property comprising any school, or in any conveyance owned, leased or
contracted by a school to transport students to or from school or a school
related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring, is guilty of a Class 4 felony, the fine for which shall
not exceed $25,000.
(e) Any person who violates subsection (a) of Section 5 in any school,
on the real property comprising any school, or in any conveyance owned, leased
or contracted by a school to transport students to or from school or a
school related activity, on any public way within 500 feet of 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, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, on the real property, or on the public way, such as when after-school activities are occurring, is guilty of a Class A misdemeanor.
(f) This Section does not apply to a violation that occurs in or on the grounds of a building that is designated as a school but is no longer operational or active as a school, including a building that is temporarily or permanently closed by a unit of local government.
(Source: P.A. 101-429, eff. 8-20-19; 102-558, eff. 8-20-21.)
 
(720 ILCS 550/5.3)
Sec. 5.3. 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 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.
(b) This Section does not apply to a cultivation center or cultivation center agent that prepares medical cannabis or cannabis-infused products in compliance with the Compassionate Use of Medical Cannabis Program Act and Department of Public Health and Department of Agriculture rules.
(c) Sentence. A person who violates this Section is guilty of a Class 2 felony.
(d) This Section does not apply to craft growers, cultivation centers, and infuser organizations licensed under the Cannabis Regulation and Tax Act.
(e) This Section does not apply to manufacturers of cannabis-based product manufacturing equipment or transporting organizations with documentation identifying the seller and purchaser of the equipment if the seller or purchaser is a craft grower, cultivation center, or infuser organization licensed under the Cannabis Regulation and Tax Act.

(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
(720 ILCS 550/6) (from Ch. 56 1/2, par. 706)
Sec. 6.


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.)
 
(720 ILCS 550/7) (from Ch. 56 1/2, par. 707)
Sec. 7.

(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 who violates Section 4 or 5 of this
Act may be treated by the court in accordance with the Juvenile Court Act of
1987.

(Source: P.A. 85-1209.)
 
(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
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 to the provisions of Section 11 or 15.2 of the Act.
Any person who violates this Section with respect to production or possession of:
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
(720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
Sec. 9.

(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 convictions under this
Section, Section 4 (d), Section 5 (d), Section 8 (d) 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, in addition to the
fine and forfeiture authorized above, he shall be guilty of a Class 1
felony for which an offender may not be sentenced to death.
(b) For purposes of this section, a person engages in a calculated
criminal cannabis conspiracy when:
(1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c)
or 8 (d) of this Act; and
(2) such violation is a part of a conspiracy undertaken or carried
on with 2 or more other persons; and
(3) he obtains anything of value greater than $500 from, or
organizes, directs or finances such violation or conspiracy.
(c) Any person who is convicted under this Section of engaging in a
calculated criminal cannabis conspiracy shall forfeit to the State of
Illinois:
(1) the receipts obtained by him in such conspiracy; and
(2) any of his interests in, claims against, receipts from, or
property or rights of any kind affording a source of influence over,
such conspiracy.
(d) The circuit court may enter such injunctions, restraining
orders, directions, or prohibitions, or take such other actions,
including the acceptance of satisfactory performance bonds, in
connection with any property, claim, receipt, right or other interest
subject to forfeiture under this Section, as it deems proper.

(Source: P.A. 84-1233.)
 
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
Sec. 10. (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(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a
judgment and with the consent of such person, sentence him to probation.
(b) When a person is placed on probation, the court shall enter an order
specifying a period of probation of 24 months, and shall defer further
proceedings in
the case until the conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not violate
any criminal statute of any jurisdiction; (2) refrain from possession of a
firearm
or other dangerous weapon; (3) submit to periodic drug testing at a time and in
a manner as ordered by the court, but no less than 3 times during the period of
the probation, with the cost of the testing to be paid by the probationer; and
(4) perform no less than 30 hours of community service, provided community
service is available in the jurisdiction and is funded and approved by the
county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require
that the person:
(e) Upon violation of a term or condition of probation, the
court
may enter a judgment on its original finding of guilt and proceed as otherwise
provided.
(f) Upon fulfillment of the terms and
conditions of probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a conviction
for the purposes of imposing the conditions of probation and for appeal,
however, discharge and dismissal under this Section is not a conviction for
purposes of disqualification or disabilities imposed by law upon conviction of
a crime (including the additional penalty imposed for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) of this Act).
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years
subsequent to a discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the sentencing proceeding
for that conviction
as a factor in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)
 
(720 ILCS 550/10.1) (from Ch. 56 1/2, par. 710.1)
Sec. 10.1.

(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 fine so imposed, the court
shall
(1) consider the defendant's income, regardless of source, the defendant's
earning capacity and the defendant's financial resources, as well as the nature
of the burden the fine will impose on the defendant and any person
legally or financially dependent upon the defendant;
(2) consider the proof received at trial, or as a result of a plea of
guilty, concerning the full street value of the cannabis seized and any
profits or other proceeds derived by the defendant from the violation of this Act;
(3) take into account any other pertinent equitable considerations; and
(4) give primary consideration to the need to deprive the defendant
of illegally obtained profits or other proceeds from the offense.
For the purpose of paragraph (2) of this subsection, "street value" shall
be determined by the court on the basis of testimony of law enforcement
personnel and the defendant as to the amount seized and such testimony as
may be required by the court as to the current street value of the cannabis seized.
(c) As a condition of a fine, the court may require that payment be made
in specified installments or within a specified period of time, but such
period shall not be greater than the maximum applicable term of probation
or imprisonment, whichever is greater. Unless otherwise specified, payment
of a fine shall be due immediately.
(d) If a fine for a violation of this Act is imposed on an organization,
it is the duty of each individual authorized to make disbursements of the
assets of the organization to pay the fine from assets of the organization.
(e) (1) A defendant who has been sentenced to pay a fine, and who has
paid part but not all of such fine, may petition the court for an extension
of the time for payment or modification of the method of payment.
(2) The court may grant a petition made pursuant to this subsection if it finds that
(i) the circumstances that warranted payment by the time or method specified
no longer exist; or
(ii) it is otherwise unjust to require payment of the fine by the time
or method specified.

(Source: P.A. 83-778.)
 
(720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)
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
Youth Drug Abuse Prevention Fund, which is hereby created in the State
treasury, to be used by the Department of Human Services
for the funding of programs and services for drug-abuse treatment, and
prevention and education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of all fines received
under the provisions of this Act shall be transmitted to and deposited in
the treasurer's office at the level of government as follows:
(c) The proceeds of all fines allocated to the law enforcement agency or
agencies of the unit or units of local government pursuant to subsection
(b) shall be made available to that law enforcement agency as expendable
receipts for use in the enforcement of laws regulating controlled
substances and cannabis. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug Traffic
Prevention Fund, except that amounts distributed to the Secretary of State
shall be deposited into the Secretary of State Evidence Fund to be used as
provided in Section 2-115 of the Illinois Vehicle Code.
Monies from this fund may be used by the Illinois State Police for use in the enforcement of laws regulating controlled
substances and cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; to defray costs and expenses
associated with returning violators of this Act, the Illinois Controlled
Substances Act, and the Methamphetamine Control and Community Protection Act only, as provided in such Acts, when punishment of the crime
shall be confinement of the criminal in the penitentiary; and all other
monies shall be paid into the general revenue fund in the State treasury.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(720 ILCS 550/10.3) (from Ch. 56 1/2, par. 710.3)
Sec. 10.3.
(Repealed).


(Source: P.A. 87-772. Repealed by P.A. 100-987, eff. 7-1-19.)
 
(720 ILCS 550/11) (from Ch. 56 1/2, par. 711)
Sec. 11.
(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
authorization shall issue without unnecessary delay where the Department
finds that such physician licensed to practice medicine in all its
branches has certified that such possession, production, manufacture or
delivery of such substance is necessary for the treatment of glaucoma,
the side effects of chemotherapy or radiation therapy in cancer patients or such other
procedure certified to be medically necessary; such authorization shall
be, upon such terms and conditions as may be consistent with the public
health and safety. To the extent of the applicable authorization,
persons are exempt from prosecution in this State for possession,
production, manufacture or delivery of cannabis.
(b) Persons registered under Federal law to conduct research with
cannabis may conduct research with cannabis including, but not limited
to treatment by a physician licensed to practice medicine in all its
branches for glaucoma, the side effects of chemotherapy or radiation therapy
in cancer
patients or such other procedure which is medically necessary within
this State upon furnishing evidence of that Federal registration and
notification of the scope and purpose of such research to the Department
and to the Illinois State Police of that Federal
registration.
(c) Persons authorized to engage in research may be authorized by
the Department to protect the privacy of individuals who are the
subjects of such research by withholding from all persons not connected
with the conduct of the research the names and other identifying
characteristics of such individuals. Persons who are given this
authorization shall not be compelled in any civil, criminal,
administrative, legislative or other proceeding to identify the
individuals who are the subjects of research for which the authorization
was granted, except to the extent necessary to permit the Department to
determine whether the research is being conducted in accordance with the
authorization.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
Sec. 12. Forfeiture.
(a) The following are subject to forfeiture:
(b) Property subject to forfeiture under this Act may be seized under the Drug Asset Forfeiture Procedure Act. In the event of seizure, forfeiture proceedings shall be instituted under the Drug Asset Forfeiture Procedure Act.
(c) Forfeiture under this Act is subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis as provided under Section 9.5 of the Drug Asset Forfeiture Procedure Act.
(c-1) With regard to possession of cannabis offenses only, a sum of currency with a value of less than $500 shall not be subject to forfeiture under this Act. For all other offenses under this Act, a sum of currency with a value of less than $100 shall not be subject to forfeiture under this Act. In seizures of currency in excess of these amounts, this Section shall not create an exemption for these amounts.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) Contraband, including cannabis possessed without authorization under State or federal law, is not subject to forfeiture. No property right exists in contraband. Contraband is subject to seizure and shall be disposed of according to State law.
(i) The changes made to this Section by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018.
(j) The changes made to this Section by Public Act 100-699 are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
(720 ILCS 550/13) (from Ch. 56 1/2, par. 713)
Sec. 13.

(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 whether or not there exists another adequate remedy.
(b) A conviction or acquittal, under the laws of the United States or of
any State relating to Cannabis for the same act is a bar to prosecution in
this State.

(Source: P.A. 83-342.)
 
(720 ILCS 550/14) (from Ch. 56 1/2, par. 714)
Sec. 14.

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:
(Source: P.A. 100-863, eff. 8-14-18.)
 
(720 ILCS 550/15) (from Ch. 56 1/2, par. 715)
Sec. 15.

The Department shall
encourage research on cannabis. In connection with the research, and in
furtherance of the purposes of this Act, it may:
(Source: P.A. 83-969.)
 
(720 ILCS 550/15.1) (from Ch. 56 1/2, par. 715.1)
Sec. 15.1.
(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 Register of a final order designating a
substance as a controlled substance or rescheduling a substance unless
within that 30 day period the Department objects, or a party adversely
affected files with the Department substantial written objections
to inclusion or rescheduling. In that case, the Department shall publish
the reasons for objection or the substantial written objections and afford
all interested parties an opportunity to be heard. At the conclusion of the
hearing, the Department shall publish its decision, by means of a rule,
which shall be final unless altered by statute. Upon publication of
objections by the Department, similar control under the Illinois Controlled
Substances Act whether by inclusion or rescheduling is suspended until the
Department publishes its ruling.
(b) If any cannabis derivative is deleted as a controlled substance under
Federal law and notice thereof is given to the Department, the Department
shall similarly control the substance under this Act after
the expiration of 30 days from publication in the Federal Register of a
final order deleting a substance as a controlled substance or rescheduling a
substance unless within that 30 day period the Department objects, or a
party adversely affected files with the Department substantial written
objections to inclusion or rescheduling. In that case, the
Department shall publish the reasons for objection or the substantial
written objections and afford all interested parties an opportunity to be
heard. At the conclusion of the hearing, the Department shall publish its
decision, by means of a rule, which shall be final unless altered by
statute. Upon publication of objections by the Department, similar control
under this Act whether by inclusion or rescheduling is
suspended until the Department publishes its ruling.
(c) Cannabis derivatives are deemed to be regulated under this Act until
such time as those derivatives are scheduled as provided for under the
Illinois Controlled Substances Act. Following such scheduling, those
derivatives shall be excepted from this Act and shall be regulated pursuant
to the Illinois Controlled Substances Act. At such time that any derivative
is deleted from schedules provided for under the Illinois Controlled Substances
Act, that derivative shall be
regulated pursuant to this Act.

(Source: P.A. 98-756, eff. 7-16-14.)
 
(720 ILCS 550/15.2)
Sec. 15.2. Industrial hemp pilot program.
(a) Pursuant to Section 7606 of the federal Agricultural Act of 2014, an institution of higher education or the Department of Agriculture may grow or cultivate industrial hemp if:
(b) Before conducting industrial hemp research, an institution of higher education shall notify the Department of Agriculture and any local law enforcement agency in writing.
(c) The institution of higher education shall provide quarterly reports and an annual report to the
Department of Agriculture on the research and the research program shall be subject to random inspection by the Department of Agriculture, the Illinois State Police, or local law enforcement agencies. The institution of higher education shall submit the annual report to the Department of Agriculture on or before October 1.
(d) The Department of Agriculture may adopt rules to implement this Section. In order to provide for the expeditious and timely implementation of this Section, upon notification by an institution of higher education that the institution wishes to engage in the growth or cultivation of industrial hemp for agricultural research purposes, the Department of Agriculture may adopt emergency rules under Section 5-45 of the Illinois Administrative Procedure Act to implement the provisions of this Section. If changes to the rules are required to comply with federal rules, the Department of Agriculture may adopt peremptory rules as necessary to comply with changes to corresponding federal rules. All other rules that the Department of Agriculture deems necessary to adopt in connection with this Section must proceed through the ordinary rule-making process. The adoption of emergency rules authorized by this Section shall be deemed to be necessary for the public interest, safety, and welfare.
The Department of Agriculture may determine, by rule, the duration of an institution of higher education's pilot program or industrial hemp research. If the institution of higher education has not completed its program within the timeframe established by rule, then the Department of Agriculture may grant an extension to the pilot program if unanticipated circumstances arose that impacted the program.
(e) As used in this Section:
"Industrial hemp" means cannabis sativa L. having no more than 0.3% total THC available, upon heating, or maximum delta-9 tetrahydrocannabinol content possible.
"Institution of higher education" means a State institution of higher education that offers a 4-year degree in agricultural science.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(720 ILCS 550/16) (from Ch. 56 1/2, par. 716)
Sec. 16.


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.)
 
(720 ILCS 550/16.1) (from Ch. 56 1/2, par. 716.1)
Sec. 16.1.

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 less than 7 days prior to trial.

(Source: P.A. 84-1313; 84-1362.)
 
(720 ILCS 550/16.2)
Sec. 16.2. 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 custody, not less than 6,001 grams of any substance containing cannabis and not less than 51 cannabis sativa plants with respect to the offenses enumerated in this subsection (a) and must maintain sufficient documentation to locate that evidence. Excess quantities with respect to the offenses enumerated in this subsection (a) cannot practicably be retained by a law enforcement agency because of its size, bulk, and physical character.
(b) The court may before trial transfer excess quantities of any substance containing cannabis or cannabis sativa plants with respect to a prosecution for any offense enumerated in subsection (a) to the sheriff of the county, or may in its discretion transfer such evidence to the Illinois State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se.
(c) After a judgment of conviction is entered and the charged quantity is no longer needed for evidentiary purposes with respect to a prosecution for any offense enumerated in subsection (a), the court may transfer any substance containing cannabis or cannabis sativa plants to the sheriff of the county, or may in its discretion transfer such evidence to the Illinois State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se. No evidence shall be disposed of until 30 days after the judgment is entered, and if a notice of appeal is filed, no evidence shall be disposed of until the mandate has been received by the circuit court from the Appellate Court.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(720 ILCS 550/17) (from Ch. 56 1/2, par. 717)
Sec. 17.
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.

(Source: P.A. 102-538, eff. 8-20-21.)
 
(720 ILCS 550/17.5)
Sec. 17.5. Local ordinances. 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 this Act are not invalidated
or affected by this Act.

(Source: P.A. 99-697, eff. 7-29-16.)
 
(720 ILCS 550/18) (from Ch. 56 1/2, par. 718)
Sec. 18.


Prosecution for any violation of law occurring prior to the effective
date of this Act is not affected or abated by this Act. If the offense
being prosecuted would be a violation of this Act, and has not reached the
sentencing stage or a final adjudication, then for purposes of penalty the
penalties under this Act apply if they are less than under the prior law
upon which the prosecution was commenced.

(Source: P.A. 77-758.)
 
(720 ILCS 550/19) (from Ch. 56 1/2, par. 719)
Sec. 19.


If any provision of this Act or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the Act which can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are declared severable.

(Source: P.A. 77-758.)

Structure Illinois Compiled Statutes