On Monday, April 20 – widely known in cannabis culture as “420” – Cook County State’s Attorney Anita Alvarez announced the office will not prosecute most cases of misdemeanor possession. In its press release, the State’s Attorney Office wrote that the purpose of the changes is to “seek to keep nonviolent low level repeat drug offenders out of the criminal justice system and steer more individuals to treatment rather than traditional prosecution at the front end of the system.”

Under the new plan, the State’s Attorney will no longer prosecute most misdemeanor cannabis possession cases and will divert Class 4 felony cannabis possession and other class 4 controlled substance cases to alternative programs including a newly formed Drug Deferred Prosecution Program (“DDPP”).

Another purpose of the program is to conserve resources to prosecute violent crime. The press release stated that, “In 2014, Class 4 felony drug possession cases accounted for close to 25 percent or 10,000 of the nearly 40,000 felony cases that were handled by the State’s Attorney’s Office.  In addition to that number, there were more than 15,000 misdemeanor possession of cannabis cases that came into the system last year.”

As to the misdemeanor cannabis portion of the policy, the State’s Attorney will not prosecute cases of possession of 30 grams or less of cannabis. However, the new policy only applies to those “who have less than three arrests or municipal citations for similar charges.”  Those with three or more similar possession charges will be referred to the State’s Attorney Drug School Program and if the individual meets the requirements of the program, his or her case will be dismissed.

Under the second part of the policy – diversion of certain Class 4 possession of controlled substances cases – individuals who do not have a significantly violent criminal background will participate in the DDPP or another alternative program.

Just four days later, the Illinois House of Representative passed legislation that, if enacted would decriminalize cannabis, from fines up to $2,500 and 1 year in jail, to no jail time and a fine of up to $125. The new law would only apply to individuals caught possessing 15 grams or less. Notably, the new bill would not override City laws but “is aimed at creating a uniform penalty throughout the state and eliminating the option for police to arrest people carrying small amounts of pot.”

For example, in 2012 the City of Chicago “adopted a marijuana ordinance allowing police to issue tickets of $250 to $500 for someone caught with up to 15 grams of pot.”

A spokesperson for the State’s Attorney said that the change will not affect pending cases.

Check out these articles discussing the new policy and legislation:

Cook county State’s Attorney will dismiss minor pot cases – Chicago Tribune

Illinois house moves toward decriminalizing marijuana – Chicago Tribune

Anita Alvarez aims at treatment over prosecution for minor marijuana possession – Chicago SunTimes