Illinois Becomes 21st State to Decriminalize Marijuana

Gov. Bruce Rauner signs Illinois marijuana decriminalization bill into law.

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Gov. Bruce Rauner signs Illinois marijuana decriminalization bill into law. 

By Noelle Skodzinski 

Illinois Gov. Bruce Rauner signed Senate Bill 2228 into law Friday, July 29, removing criminal penalties for possession of small amounts of marijuana, making Illinois the 21st state in the nation to remove the threat of jail time as a possible penalty for possession. The penalty for possession of up to 10 grams is now a civil violation punishable by a fine of $100 to $200, and offenses are not put on an individual’s permanent record. 

“The legislation, which also sets a standard for what’s considered too high to drive, includes stronger provisions the Republican governor suggested to lawmakers last year as a condition for signing off on removing jail time for having 10 grams or less of pot,” reported The Washington Times in July. 

The pre-amended bill originally called for removing criminal penalties for possession of up to 15 grams of marijuana and lower fines.

“Previously in Illinois, possession of up to 2.5 grams of marijuana was a class C misdemeanor punishable by up to 30 days in jail and/or a fine of up to $1,500; possession of 2.5-10 grams was a class B misdemeanor punishable by up to six months in jail and/or a fine of up to $1,500. More than 100 Illinois communities had already removed local criminal penalties for simple marijuana possession,” the Marijuana Policy Project (MPP) reported in a press release.

“We applaud Gov. Rauner and the legislature for replacing Illinois’s needlessly draconian marijuana possession law with a much more sensible policy,” commented Chris Lindsey, senior legislative counsel for MPP, in a statement. “This commonsense legislation will prevent countless citizens from having their lives turned upside down by a marijuana possession arrest. Nobody should face a lifelong criminal record and potential jail time for possessing a substance that is safer than alcohol. Serious criminal penalties should be reserved for people who commit serious crimes, not low-level marijuana offenses.” 

“The bill’s chief Senate sponsor, Sen. Heather Steans, D-Chicago, has argued that 98 percent of the more than 50,000 marijuana-related arrests in Illinois each year are for small amounts, intended for personal use,” reported the Chicago Sun Times.  

The bill also removes criminal penalties for possession of any drug paraphernalia seized during the arrest of a person convicted of possessing 10 grams or less of cannabis. The penalty under the new law is a civil violation punishable by a minimum fine of $100 and a maximum fine of $200.

In July, Gov. Rauner also extended the state’s medical marijuana program by 2.5 years, and approved the addition of post-traumatic stress disorder (PTSD) and terminal illness to the program’s list of qualifying conditions. 

Illinois joins 20 other states, including California, Connecticut, Maine, Mississippi and the District of Columbia, in removing criminal penalties for possession of small amounts of marijuana. 

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