In the March 2018 primaries, voters in the nation’s second most-populated county overwhelmingly endorsed a proposal to “legalize the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products for recreational use by adults 21 and older”.
This ballot measure is only a nonbinding resolution and it has no legal effect whatsoever. Possession of any amount of marijuana is still a crime in Illinois, unless it is for bona fide medical purposes. Given the amount of support (68%) and the onboarding of key politicians, the legislature may soon make some changes. Democrat gubernatorial nominee J.B. Pritzker repeatedly voiced his support for such a move. “No more studies are needed to show it’s time for Illinois to safely move forward and legalize marijuana,” he once remarked. Furthermore, the State Senate recently approved a measure that would put the question before voters. Incumbent GOP Governor Bruce Rauner, who narrowly won re-nomination, earlier said he would veto a law that decriminalizes marijuana. Many Republicans and law enforcement agencies usually oppose such measures.
An estimated 12% of Illinoisans use marijuana for recreational purposes.
Current Marijuana Laws in Chicago
Like most other states, Illinois’ marijuana laws are complex. 720 ILCS 550/4 essentially breaks things down according to volume and intent.
- More than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class B misdemeanor;
- More than 30 grams but not more than 100 grams of any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;
- More than 100 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;
- More than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;
- More than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony;
- More than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.
Paraphernalia
Simple possession is a misdemeanor; it is a felony to sell paraphernalia. Enhancements apply if the defendant sold, or attempted to sell, to a pregnant woman or a minor.
Trafficking or Sale
Under 10 grams is a misdemeanor; over 10 grams is a felony. Evidence of drug trafficking includes volume and also things like guns, scales, money, and baggies. Enhancements apply if the offense occurred close to a school or if the defendant transported marijuana across state lines.
Illinois also has stiff civil forfeiture laws.
To qualify for immunity under the medical marijuana law, the defendant must have a qualifying serious medical condition, have no more than 2.5 ounces in any 14-day period, and receive the marijuana from a licensed dispensary or caregiver. Medical cultivation is illegal.
The Possible Impact of Marijuana Legalization in Illinois
To legalization proponents like Mr. Pritzker, the issue is a matter of both health and justice. Many people, including many doctors, believe that marijuana is just as effective for pain as opioid painkillers, yet its side-effects are minimal in comparison. Furthermore, many legalization proponents think that marijuana criminal laws unfairly targeted youths and minorities.
Therefore, an Illinois “legalization” measure may cover both these areas. Most jurisdictions that have allowed recreational use limit possession to a few grams of ready-to-use product, a few plants, and marijuana edibles. Most of these laws also allow people with prior marijuana convictions to apply for expedited expunction.
Connect With Assertive Lawyers
That joint in your pocket may not be illegal much longer, at least as far as the State of Illinois is concerned. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Esteban Lopez)