Illinois Senate Oks Bill to Remove Criminal Penalties for Weed Possession

We might not have anything cooking in Springfield regarding the budget impasse, but the Illinois Senate found time to take up the issue of marijuana and the penalties that go along with possession of it. To the surprise of some, the vote wasn't even close.

By a vote of 40-14, the Illinois Senate voted yesterday (Tuesday, 4/19) on SB 2228, which would replace criminal penalties with a civil fine for possession of a personal amount of marijuana.  The bill moves on to the Illinois House for further consideration.

Here's the bill:

Synopsis As Introduced
Amends the Cannabis Control Act. Provides that the possession of 10 grams or less of cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a violation is a Class 2 felony. Provides that 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 the Cannabis Control Act are not invalidated or affected by this Act. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 10 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Provides for distribution of these fines. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount). Amends various other Acts to make conforming changes. Effective immediately.

To break it down, the bill, which was introduced by Sen. Heather Steans (D-Chicago), would make possession of up to 10 grams of weed a civil violation, resulting in a fine of $100-$200. Adults would no longer be looking at time behind bars, and violators records will be expunged to avoid a permanent criminal record.

Steans' proposal is very similar to a bill introduced into the Illinois House by Rep. Kelly Cassidy last year. Governor Rauner vetoed a similar bill, but suggested amendments that would make the bill more palatable. Senate Bill 2228 reflects the amendments suggested by Governor Rauner.

According to a release by the Marijuana Policy Project (MPP), under current Illinois law:

 ...possession of up to 2.5 grams of marijuana is a class C misdemeanor punishable by up to 30 days in jail and/or a fine of up to $1,500; possession of 2.5-10 grams is a class B misdemeanor punishable by up to six months in jail and/or a fine of up to $1,500; and possession of more than 10 grams up to 30 grams is a class 4 felony punishable by up to one year in jail and/or a $1,500 fine. More than 100 Illinois communities have already removed criminal penalties for simple marijuana possession.

Not only have more that 100 Illinois communities removed criminal penalties for marijuana possession, 20 states and the District of Columbia have also removed jail time for the offense.

State Senator Steans explains her thoughts on the bill, saying:

“We need to replace Illinois’s current patchwork of marijuana possession laws with a consistent standard that will be applied fairly across the state,” Sen. Steans said. “People should not be sent to jail for an offense that would have been punishable by a small fine if it had occurred a few miles down the road. It’s irrational, it’s unpredictable, and it’s unjust.”

You might remember Chicago Mayor Rahm Emanuel giving his thoughts on this almost two years ago: