Rep. Kelly Cassidy introduces measure that would replace threat of jail time and criminal record with a civil fine
[Press Release] SPRINGFIELD – State Rep. Kelly Cassidy (D-Chicago) has introduced a bill that would remove criminal penalties for possession of small amounts of marijuana in Illinois.
HB 3245 would make possession of up to 30 grams of marijuana a civil law violation punishable by a $125 fine. Individuals would no longer face time in jail, and the civil penalty would be automatically expunged in order to prevent a permanent criminal record.
“Serious criminal penalties should be reserved for individuals who commit serious crimes,” Rep. Cassidy said. “The possibility of jail time should not even be on the table when it comes to simple marijuana possession. Criminalizing people for marijuana possession is not a good use of our state’s limited law enforcement resources.”
Under current Illinois law, possession of up to 2.5 grams of marijuana is 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 is a class B misdemeanor punishable by up to six months in jail and/or a fine of up to $1,500; and possession of 10-30 grams is a class four felony punishable by up to one year in jail and/or a $1,500 fine. More than 100 cities and towns in Illinois have adopted some form of decriminalization measure.
Senate Judiciary Chair Kwame Raoul (D-Chicago) is expected to sponsor a similar measure intended to prevent citizens from facing permanent criminal records and the significant collateral consequences associated with a marijuana conviction.
“Our current marijuana laws unfairly harm African American communities,” said Sen. Raoul, who previously served in the Cook County State’s Attorney’s Office. “Illinois should not be in the business of doling out life-altering criminal records for marijuana possession. The collateral consequences associated with a marijuana arrest can haunt people their entire lives.”
Current Illinois marijuana laws are having a disproportionate impact on communities of color, according to separate reports released by the Institute for Metropolitan Affairs at Roosevelt University (May 2014) and the American Civil Liberties Union (ACLU) (June 2013). African Americans in Illinois are 7.6 times more likely to be cited or arrested for marijuana possession than whites, despite similar rates of use, according to the ACLU.
“This legislation is long overdue in Illinois,” said Rev. Alexander Sharp, executive director of Clergy for a New Drug Policy. “States around the country have eliminated harsh criminal penalties for marijuana possession. Passing this legislation is the right thing to do, and now is the right time to do it.”
Source: The Marijuana Policy Project, the nation’s largest marijuana policy organization, has been responsible for changing most state-level marijuana laws since 2000. For more information, visit http://www.MarijuanaPolicy.org.
