Our lawyers at O’Dekirk, Allred, and Associates in Joliet applaud the recently announced Illinois Supreme Court’s new rules for pot decriminalization law. In July, Governor Bruce Rauner signed the law giving the state’s Supreme Court authority to define the rules for a new civil law violation of possessing up to 10 grams of cannabis or drug paraphernalia.
According to an article by the Chicago Sun-Times, this is a significant reversal for the Governor who vetoed a bill last year that would have made possession of up to 15 grams of pot only a ticketable offense. At the time, his stance was that it would allow people to carry too much pot and the proposed fines of $55 to $125 were not enough.
Perhaps, the Governor was swayed by the bill’s chief senate sponsor, Senator Heather Steans (D-Chicago), who asserts that most of than 50,000 marijuana-related arrests in Illinois each year are for small amounts and intended for personal use.
No matter what the reason, there are now six new rules set by the Supreme Court, one of which includes a fine of just $120 per violation for those caught with up to 10 grams of cannabis or drug paraphernalia. In addition, those who are cited for this civil law violation have the ability to conveniently pay their $120 fine by mail, and tickets are automatically expunged on January 1 and July 1 of each year.
In comparison, the offense was previously considered a Class B misdemeanor punishable by up to six months in jail and fines up to $1,500. Possession of drug paraphernalia was a Class A misdemeanor and punishable by up to a year of imprisonment and a fine of $750 to $2,500.
Another new rule gives circuit court clerks the ability to expunge a record after a cannabis violation is resolved and ensures the confidentiality of offenders under 18 years old.
The new pot decriminalization laws also set a scientific standard for the amount of marijuana THC that must be present in the bloodstream to prompt a charge of driving under the influence. Previously, Illinois had a zero tolerance policy. Even a trace of marijuana could lead to a DUI.
Prior to the state Supreme Court setting new rules for pot decriminalization law, over 100 local governments (including Chicago) had already removed certain criminal penalties for those caught with smaller amounts of marijuana. Now, pot decriminalization will extend to the entire state. According to the National Conference of State Legislatures, Illinois is now the 21st state to decriminalize possession of small amounts of marijuana.
Our lawyers at O’Dekirk, Allred, and Associates in Joliet appreciate the decision. We believe the Governor, legislature and Supreme Court have created a far more reasonable response to an overcharged and victimless offense.
Facing legal issues regarding marijuana possession and want to know how the new rules might affect your case? Contact us today for a free consultation.