Bill Text: IL HB0160 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Amends the Cannabis Control Act. Provides that the enhanced penalties for delivering cannabis in a school or on school property do not apply to a violation 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. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2019-08-22 - Effective Date August 20, 2019 [HB0160 Detail]

Download: Illinois-2019-HB0160-Chaptered.html

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Public Act 101-0429
HB0160 Enrolled LRB101 04698 SLF 49707 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 5.2 as follows:
(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. 100-3, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.