Cannabis and Controlled Substances Tort Claims Act.

  1. Law
  2. Illinois Compiled Statutes
  3. CIVIL LIABILITIES
  4. Cannabis and Controlled Substances Tort Claims Act.

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(740 ILCS 20/1) (from Ch. 70, par. 901)

Sec. 1. Short title. This Act may be cited as the Cannabis and Controlled Substances Tort Claims Act.

(Source: P.A. 87-544.)

 

(740 ILCS 20/2) (from Ch. 70, par. 902)

Sec. 2. Findings and intent.

(a) The General Assembly finds that the abuse of cannabis and controlled substances:

  • (1) greatly increases incidents involving crimes of violence and threats of crimes of violence;
  • (2) causes death or severe and often irreversible injuries to newborn children;
  • (3) accounts for the commission of the majority of property crimes committed within this State;
  • (4) causes motor vehicle, job related, and numerous other types of accidents that frequently result in death or permanent injuries;
  • (5) contributes to the disintegration of the family;
  • (6) interferes with the duty of parents and legal guardians to provide for the physical, mental, and emotional well-being of their unemancipated children and with the rights of parents and legal guardians to raise the children free from the physical, mental, and emotional trauma that is caused by the abuse of cannabis and controlled substances;
  • (7) encourages and fosters the growth of urban gangs engaged in violent and nonviolent crime;
  • (8) furthers the interests of elements of organized criminals;
  • (9) increases the dropout, truancy, and failure rates of children attending schools within this State;
  • (10) stifles educational opportunities for both drug users and nonusers;
  • (11) contributes to the unemployment rate within this State;
  • (12) reduces the productivity of employees, retards competitiveness within the established business community, and hinders the formation and growth of new businesses;
  • (13) reduces the value of real property;
  • (14) costs the citizens of this State billions of dollars in federal, State, and local taxes for increased costs for law enforcement, welfare, and education;
  • (15) costs the citizens of this State billions of dollars in increased costs for consumer goods and services, insurance premiums, and medical treatment;
  • (16) hinders citizens from freely using public parks, streets, schools, forest preserves, playgrounds, and other public areas; and
  • (17) contributes to a lower quality of life and standard of living for the citizens of this State.

(b) The General Assembly finds that, in light of the findings made in subsection (a), any violation of the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, or the Illinois Controlled Substances Act that involves the nonconsensual use of the real or personal property of another person, whether that person is an individual or a governmental or private entity representing a collection of individuals, is so injurious to the property interests and the well-being of that person that the violation gives rise to a cause of action sounding in tort. The General Assembly also finds that the delivery of a controlled substance or cannabis in violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act to an unemancipated minor under the age of 18 is so injurious to the rights and duties of parents and legal guardians relating to the physical, mental, and emotional well-being of that minor that the violation also gives rise to a cause of action sounding in tort. The General Assembly further finds that although the damage a person suffers through the nonconsensual use of his property to facilitate such a violation or the damage a parent or legal guardian suffers as the result of the delivery to the minor of cannabis or a substance in violation of the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, or the Illinois Controlled Substances Act is often subtle and incapable of precise articulation, that damage is nonetheless real and substantial. It is therefore the intent of the General Assembly to create a cause of action with statutorily prescribed damages for the conduct described in this Act.

(Source: P.A. 94-556, eff. 9-11-05.)

 

(740 ILCS 20/3) (from Ch. 70, par. 903)

Sec. 3. Definitions. As used in this Act, unless the context otherwise requires:

"Cannabis" includes marihuana, hashish, and other substances that are identified as including any parts of the plant Cannabis Sativa, whether growing or not, the seeds of that plant, the resin extracted from any part of that plant, and any compound, manufacture, salt, derivative, mixture, or preparation of that 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, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. "Cannabis" does not include the mature stalks of that plant, fiber produced from those stalks, oil or cake made from the seeds of that plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the extracted resin), fiber, oil or cake, or the sterilized seeds of that plant that are incapable of germination.

"Controlled substance" means a drug, substance, or immediate precursor in the Schedules of Article II of the Illinois Controlled Substances Act.

"Counterfeit substance" means a controlled substance or the container or labeling of a controlled substance that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness thereof of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

"Deliver" or "delivery" means the actual, constructive, or attempted transfer of possession of a controlled substance or cannabis, with or without consideration, whether or not there is an agency relationship. "Deliver" or "delivery" does not

include the donation of drugs to the extent permitted under the Illinois Drug Reuse Opportunity Program Act.

"Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that the term does not include:

  • (1) by an ultimate user, the preparation or compounding of a controlled substance for his own use;
  • (2) by a practitioner or his authorized agent under his supervision, the preparation, compounding, packaging, or labeling of a controlled substance:
    • (A) as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
    • (B) as an incident to lawful research, teaching or chemical analysis and not for sale;
  • (3) the preparation, compounding, packaging, or labeling of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale; or
  • (4) the packaging, repackaging, or labeling of drugs only to the extent permitted under the Illinois Drug Reuse Opportunity Program Act.

"Owner" means a person who has possession of or any interest whatsoever in the property involved.

"Person" means an individual, a corporation, a government, a governmental subdivision or agency, a business trust, an estate, a trust, a partnership or association, or any other entity.

"Production" means planting, cultivating, tending, or harvesting.

"Property" means real property, including things growing on, affixed to, and found in land, and tangible or intangible personal property, including rights, services, privileges, interests, claims, and securities.

(Source: P.A. 102-389, eff. 1-1-22.)

 

(740 ILCS 20/4) (from Ch. 70, par. 904)

Sec. 4. Civil liability.

(a) A person who uses or causes to be used any property without the consent of the owner of that property to facilitate in any manner a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or any inchoate offense under either of those Acts is liable to the owner for civil damages as set forth in this Act.

(b) A person who delivers or causes to be delivered in violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act a controlled substance, cannabis, or methamphetamine to an unemancipated minor under the age of 18 is liable to the parent or legal guardian of that minor as set forth in this Act.

(c) A person who knowingly delivers or causes to be delivered cannabis, a controlled or counterfeit substance, or methamphetamine that is later involved in a transaction or activity that gives rise to a cause of action under subsection (a) or (b) of this Section is liable under subsection (a) or (b), as the case may be, in the same manner and amount as the person or persons whose conduct gives immediate rise to the cause of action.

(Source: P.A. 94-556, eff. 9-11-05.)

 

(740 ILCS 20/5) (from Ch. 70, par. 905)

Sec. 5. Joint and several liability. Persons subject to liability under Section 4 of this Act are jointly and severally liable.

(Source: P.A. 87-544.)

 

(740 ILCS 20/6) (from Ch. 70, par. 906)

Sec. 6. Damages.

(a) The damages to which an owner of property is entitled under subsection (a) of Section 4 shall be based on the highest classification of offense prescribed under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act that involves the nonconsensual use of his property in an amount as follows:

  • (1) When the property is used to facilitate the commission of a Class B or C misdemeanor, no less than $1,000.
  • (2) When the property is used to facilitate the commission of a Class A misdemeanor, no less than $1,500.
  • (3) When the property is used to facilitate the commission of a Class 4 felony, no less than $2,500.
  • (4) When the property is used to facilitate the commission of a Class 3 felony, no less than $5,000.
  • (5) When the property is used to facilitate the commission of a Class 2 felony, no less than $10,000.
  • (6) When the property is used to facilitate the commission of a Class 1 felony, no less than $15,000.
  • (7) When the property is used to facilitate the commission of a Class X felony, no less than $20,000.

(b) The damages to which a parent or legal guardian is entitled under subsection (b) of Section 4 shall be based on the highest classification of offense prescribed under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act committed by the person delivering the cannabis or controlled substance to the minor in an amount as follows:

  • (1) When the delivery is classified as a Class B or C misdemeanor, no less than $1,500.
  • (2) When the delivery is classified as a Class A misdemeanor, no less than $2,500.
  • (3) When the delivery is classified as a Class 4 felony, no less than $5,000.
  • (4) When the delivery is classified as a Class 3 felony, no less than $10,000.
  • (5) When the delivery is classified as a Class 2 felony, no less than $15,000.
  • (6) When the delivery is classified as a Class 1 felony, no less than $20,000.
  • (7) When the delivery is classified as a Class X felony, no less than $25,000.

(c) In addition to the amounts set forth in subsections (a) and (b), the owner of the property bringing a cause of action under subsection (a), other than a government or a governmental subdivision or agency, or the parent or legal guardian of the minor bringing a cause of action under subsection (b), may be entitled to receive punitive damages.

(d) A party prevailing in a cause of action brought under this Act is entitled to reasonable attorneys fees in addition to damages awarded under subsections (a), (b), and (c) of this Section.

(Source: P.A. 94-556, eff. 9-11-05.)

 

(740 ILCS 20/7) (from Ch. 70, par. 907)

Sec. 7. The prosecuting attorney of any government or governmental subdivision or agency may move for a stay of any proceeding brought under this Act, to include all discovery, pending the completion of an investigation or prosecution of a case related to the subject matter of a suit brought under this Act.

(Source: P.A. 87-544.)

 

(740 ILCS 20/8) (from Ch. 70, par. 908)

Sec. 8. Other remedies. The remedies provided by this Act are in addition to any other remedies allowed by law.

(Source: P.A. 87-544.)


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