IL House approves bill removing criminal penalties for marijuana possession

ILLINOIS (KFVS) - The Illinois House approved a bill 64-50 on Tuesday, May 17 that would replace criminal penalties with a fine for possession of a "personal amount" of marijuana.

The bill, SB 2228, introduced by Sen. Heather Steans (D-Chicago), would make possession of up to 10 grams of marijuana a civil violation, punishable by a fine of $100 to $200. Adults would no longer face time in jail, and the civil offense would be automatically expunged in order to prevent a permanent criminal record.

The proposal largely mirrors legislation introduced in the House by Rep. Kelly Cassidy and reflects amendments Gov. Bruce Rauner proposed when he vetoed a similar bill last year.

"Illinois is long overdue for creating marijuana policies that treat our residents more fairly and free law enforcement up for more serious crime," Rep. Kelly Cassidy, who sponsored the bill in the House, said. "We should not spend our resources arresting and jailing people just for the possession of a small amount of marijuana. This bill is an important step, and I am happy to be a part of this change in policy."

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. Possession of more than 10 grams and up to 30 grams is a class 4 felony, punishable by up to one year in jail and/or a $1,500 fine.

"Marijuana consumers should not have their lives ruined simply for possessing a substance that is objectively safer than alcohol," Chris Lindsey, a senior legislative analyst for the Marijuana Policy Project, said. "The damage done to individuals when they get criminal records, and the resources spent arresting and prosecuting them, are impossible to justify. It is time we started treating marijuana more sensibly, and this bill does that."

Twenty states and the District of Columbia have removed the threat of jail time for simple marijuana possession. Beyond Illinois, legislation to do so was introduced in 14 other states this year.

More than 100 Illinois communities have already removed criminal penalties for simple marijuana possession.

The bill now heads to Gov. Bruce Rauner for approval.

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