The Perry County Police Department arrested a man for possession of marijuana in May of 2019, two weeks before legalizing marijuana possession throughout the state. The man who was arrested had less than 10 grams of marijuana in his possession when he was arrested.
A new Illinois law that goes into effect January 1, 2020, decriminalizes possession of 30 grams or less of marijuana for Illinois Citizens and possession of 15 grams of less for non-citizens of Illinois. Under the new law, this man would not have been charged for marijuana possession. Prosecutors will likely dismiss his charges under the new law. Advocates of the law argue that personal possession of marijuana is not a crime, and soon many of those who have been convicted of possession of the substance may see their records wiped clean.
How Will Illinois Go About Expunging Marijuana Convictions?
The new law prohibits prosecutors from assisting in determining who will and will not be eligible for expungement of their drug possession convictions. Who will decide which drug convictions will be expunged from people’s records? Will everyone with certain drug charges receive a pardon?
Cook County State’s Attorney Kim Foxx says that she plans on expunging misdemeanor marijuana convictions. While the specific process for expunging the records remains to be seen, some lawmakers argue that the governor could simply issue individual or blanket pardons.
Who May be Eligible for Expungement of Conviction?
The Journal Star estimates that approximately 800,000 Illinois residents could have their convictions expunged. The following charges are eligible to be expunged per the new law:
- Possession of cannabis in the amount of 10 grams or less;
- Misdemeanor possession of up to 30 grams;
- Class 4 felony possession of up to 500 grams or over one pound of marijuana;
- Convictions for selling up to 30 grams of marijuana and
- Felony convictions for growing up to 20 plants illegally.
Importantly, if someone had a class 4 felony violation or misdemeanor possession of marijuana charge and different criminal charges, then he or she does not qualify for expungement.
Can I Use Marijuana Legally?
Recreational marijuana will be legal for citizens over the age of 21 in Illinois as of January 1, 2020, but that will not stop the police from arresting citizens for driving under the influence of cannabis or for ingesting the substance in areas where it remains prohibited. Use of marijuana at home is just fine under the new law, but Illinois residents may run into trouble if they choose to partake in public spaces, in their cars, or at work or school.
Cannabis is different than alcohol in that we do not have a scientifically verified breathalyzer test that police officers can use to determine a blood cannabis level. We have 100 years of scientific research into alcohol consumption and driving, but there is no scientific consensus as to when someone is driving under the influence of cannabis. It will be interesting to track the state’s efforts to regulate and enforce DUIC laws, and how technology will evolve to assist them in that goal.
If you have been arrested and charged with a marijuana-related offense, you need a skilled Glasgow & Olsson criminal defense attorney to represent you in this new area of criminal law. Contact a Schaumburg cannabis defense attorney to learn more.
(image courtesy of Dimitri Bang)