In a move that belied the stalemate that has existed in the Illinois state legislature between Gov. Bruce Rauner and House Democrats, State Rep. Kelly Cassidy (D-Chicago) worked hard to craft legislation with SB 2228 to decriminalize pot pession, and provide an avenue to future employment without punitive damages that might thwart employment. And, on Friday that bill was signed into law by the governor.
A statement released by her office, giving the details of the legislation, noted that it “provides a statewide standard for cannabis possession, with a maximum $200 fine for possession of 10 grams or less and automatic expungement upon fine payment. The bill also implements scientifically proven standards for driving under the influence of cannabis and strengthens penalties for the dangerous production process of butane extracts.”
A statement released by her office, giving the details of the legislation, noted that it “provides a statewide standard for cannabis possession, with a maximum $200 fine for possession of 10 grams or less and automatic expungement upon fine payment. The bill also implements scientifically proven standards for driving under the influence of cannabis and strengthens penalties for the dangerous production process of butane extracts.”
Chicago had already joined 100 local governments “in removing some criminal penalties for people caught with lesser amounts of marijuana. But the new law extends decriminalization to the entire state,” noted the Chicago Sun-Times.
In the past, these low levels of marijuana possession provided not only uneven adjudication, but also threatened the future livelihood of those convicted. A related bill, HB 4360 “would eliminate the lifetime bar on employment and reduce time frames of prohibited hiring for various non-violent offenses for those seeking work in schools. It allows qualified individuals a chance to make their case and be considered for open positions. A thorough negotiation process secured the support of the Illinois State Board of Education,” the statement concluded.
An earlier attempt by Cassidy, to make possession of up to 15 grams of pot a ticketable offense, was rejected by Rauner, who said it would allow people to carry too much pot, and that fines should be more than $55 to $125. The current bill meets his desires.
While the bill had many supporters, among them legal advocacy organizations, such as the Marijuana Policy Project, university studies, and some local lawmakers, not all were pleased. Much of that support was based on justice, and future damages. Chris Lindsey, senior legislative council, of the MPP, noted that “Nobody should face a lifelong criminal record and potential jail time for possessing a substance that is safer than alcohol. Serious criminal penalties should be reserved for people who commit serious crimes, not low-level marijuana offenses.”
The Illinois Family Institute was not supportive of the bill and, in noting their opposition, said,“Governor Rauner and the state lawmakers who pushed to decriminalize marijuana possession have only succeeded in removing a significant deterrent to drug use and addiction,” said David E. Smith, the institute’s executive director. “Too many lawmakers have been erroneously led to believe that our prisons and judicial system are overrun with ‘petty’ marijuana offenses. This is NOT true,” reported the Sun-Times.
They also said that state prisons were “not overrun” with low level offenders; yet, the bill’s sponsor, State Sen. Heather Steans (D-Chicago), “has argued that 98 percent of the more than 50,000 marijuana-related arrests in Illinois each year are for small amounts, intended for personal use.”
After the signing, Cassidy remarked that, “In the midst of a session where cooperation and compromise has been lacking, I am proud to have worked out our differences on this legislation and move our state in a very positive direction.” And, “The governor and I both recognize the urgent need for criminal justice reform, reduction in prison population and the removal of barriers to reentry.”
The law takes effect immediately, making possession of 10 grams or less of pot a civil, rather than a criminal violation. Fines will range from $100 to a maximum of $200.
Cassidy worked with a widespread coalition, gaining support from the Cook County State’s Attorney, Sheriff’s Office and Public Defender, in addition to numerous organizations across the state. She represents the 14th District on Chicago’s North Side, which includes the neighborhoods of Edgewater, Andersonville and Rogers Park.
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