CANNABIS-WEIGHT&DETECTION

Session: 103rd General Assembly
Year: 2023
Bill #: HB1205
Category: Cannabis
Position: Under Review
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Cannabis Control Act. Provides that, in calculating the weight of cannabis for the purpose of imposing a penalty against an individual, the weight of the amount of cannabis that may be legally possessed by the individual under the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act shall be subtracted from the total weight used in determining the offense class or applicable fine. Amends the Code of Criminal Procedure of 1963. Provides that if a motor vehicle is driven or occupied by an individual 21 years of age or over, a law enforcement officer may not search or inspect the motor vehicle, its contents, the driver, or the passenger solely because a law enforcement officer or a police dog trained in the detection of cannabis smelled that cannabis is present in the private motor vehicle. Provides that a defendant aggrieved by such an unlawful search and seizure may move the court for the return of property and to suppress as evidence anything so obtained.



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