Last week, the Illinois House approved a bill decriminalizing small amounts of marijuana. Instead of criminal misdemeanor charges, the bill proposes a civil fine ranging from $100 to $200 for possession of up to 10 grams of marijuana. Currently, possession of up to 2.5 grams of marijuana is a class C misdemeanor and possession of 2.5-10 grams is a class B misdemeanor. A class C is punishable by a maximum fine of $1,500 and up to 30 days in jail. A class B is punishable by a maximum fine of $1,500 and up to six months in jail.
Representative Kelly Cassidy led the charge to change these marijuana laws, pointing out that this is a good way to “free up law enforcement for more serious crime.” Although Illinois certainly hasn’t made the same strides as Colorado and California this is a significant step in reducing marijuana arrests, and eventually, the amount of money spent on such cases.
One key result of this bill will be uniform fines and penalties for marijuana possession. Many Illinois cities and townships have local ordinances allowing tickets for small possession amounts. However, receiving a ticket instead of an arrest is not guaranteed and that discretion varies across the state. Also, last year Cook County State’s Attorney Anita Alvarez announced that her office would stop prosecuting low-level marijuana possession cases.
To be clear, none of these measures completely legalize marijuana use. They just provide an alternative to arrest and incarceration for possessing small amounts. If you, a family member, or friend are charged with a misdemeanor or felony drug crime, contact us here at LauraLaw.