Gov. Bruce RaunerGov. Bruce Rauner
By Noelle Skodzinski
Illinois Gov. Bruce Rauner issued on Friday an amendatory veto to a marijuana-decriminalization bill, House Bill 218, which was approved by both the House and Senate in April. The governor's amendment calls for a smaller cap on the amount of marijuana (possession) that is penalized by civil (vs. criminal) penalty, compared to what is proposed in HB 218. The governor also is proposing an increase in the fines associated with a civil penalty for possession. The bill now returns to the General Assembly for final approval.
In his letter to the Assembly regarding the veto, Gov. Rauner said that he supports "the fundamental purpose of this law," which would make possession of small amounts of marijuana punishable by a fine instead of potential jail time. "Consequently, the taxpayers would be spared the time and expense of arresting, prosecuting, and potentially incarcerating offenders, and the offender would avoid a criminal record," the Governor wrote in the letter.
Under the original HB 218 and the amended version proposed by the governor, possession of larger quantities of marijuana still would be a misdemeanor or felony, depending on the quantity.
Approximately 38,684 people are arrested for drug offenses each year in Illinois, according to the Drug Policy Alliance.
The Amended Version
HB 218 proposed making up to 15 grams of marijuana punishable by a fine of a minimum of $50 and a maximum of $125 (with no threat of jail time).
Governor Rauner's amended version of the Bill would lower the possession amount to 10 grams and increase the fine to a minimum of $100 to a maximum of $200. The civil offenses would expunged from offenders' records, as specified in HB 218.
Currently, possession of up to 10 grams is subject to a fine of up $1,500, in addition to possible jail time.
"Many local ordinances, from Cook County to Carbondale, already use 10 grams as the delineation between civil law violation and misdemeanor, having taken their cue from State law. In addition, the State reports arrest and incarceration data based on current statutory delineations, meaning that future comparisons to study the effect of House Bill 218 if it becomes law will be easier without changing the delineation," the Governor explained to the Assembly.
"Leaving the delineation at 10 grams will still accomplish the bill’s fundamental purposes," he continued. "As noted above, 83% of the arrests in 2014 for possession of up to 30 grams were for possession of less than 10 grams. Therefore, providing a civil law violation for possession of up to 10 grams will still dramatically reduce the number of arrests."
The governor also is proposing that the limit of active THC in the blood, which would determine whether drivers are deemed "impaired," be lowered from 15 ng/mL, as set in the original version of HB 218, to five ng/mL. Currently, Illinois state law deems a driver to be under the influence if any THC is found in his or her blood, regardless of he or she consumed marijuana (possibly days or even weeks prior), or whether or not he or she is impaired.
"Although I appreciate the need to update the limit above zero, the limit proposed in House Bill 218 is too high. The sponsors’ intent was to establish a limit that would not jeopardize the safety of the driver or the public, would realistically reflect whether a driver was impaired, and would not exceed the equivalent limit for alcohol impairment. In light of this intent and the limitations on scientific research available to us, I believe that 5 ng/mL is the appropriate limit at this time," wrote the Governor in his letter to the Assembly.
"As the sponsors of House Bill 218 acknowledged during the course of negotiation and debate, the science is limited and evolving. Both proponents and opponents have cited the work of European researchers on the causes and effects of cannabis-impaired driving," he continued. "Dr. Jan Ramaekers opined that 5 ng/mL would cause approximately the same degree of impairment as our 0.08% standard for blood alcohol concentration. For that reason, both Colorado and Washington, where recreational cannabis was legalized, set the limit at 5 ng/mL, while Nevada set the limit at 2 ng/mL.
More than 100 Illinois localities have adopted measures that reduce penalties for simple marijuana possession, according to a press release issued by the Marijuana Policy Project (MPP) regarding the Governor's Amendatory Veto.
If the amended version of HB 218 is approved in the House and Senate, Illinois will become the 21st state to decriminalize marijuana possession or make it legal for adults.
“We hope the General Assembly will approve the amended bill and replace Illinois’ needlessly draconian marijuana possession law with a more sensible policy," said Chris Lindsey, a legislative analyst for the MPP, in the MPP's press release. "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."
Lindsey continued, “The governor’s version is not preferable to the original bill, but it is still commonsense legislation. It will still prevent countless citizens from having their lives turned upside down by an arrest for simple marijuana possession. This is a major victory for Rep. Cassidy and the Assembly, and it is an important step forward for Illinois.”
