Smoke ‘em if you got ‘em!
Thursday, May 19, 2016 - Posted by Rich Miller
* The governor should’ve signed the decrim bill last year. Instead, he made some minor changes with an amendatory veto. But even though his changes were acceptable to the pro-pot groups, the House Speaker rarely allows AV’s to come to the floor. So, it died and we had to wait a year for another bill to make it to Rauner’s desk…
House lawmakers sent Gov. Bruce Rauner legislation on Wednesday to decriminalize marijuana across Illinois, meaning people caught with small amounts of marijuana would be fined instead of receiving jail time.
The legislation incorporates changes the Republican governor suggested when he used his amendatory veto powers to rewrite similar legislation last year. Rauner said the old version would have let people carry too much marijuana and set fines too low.
The new edition drops the number of grams allowed from 15 to 10 and raises the range of fines from $55 to $125 to between $100 and $200. Municipalities could add to the fines and implement other penalties, such as a requirement for drug treatment. Citations would be automatically expunged twice a year, on Jan. 1 and July 1.
Under current Illinois law, possession of up to 10 grams is a class B misdemeanor that could result in up to six months in jail and fines of up to $1,500.
* From the Illinois Policy Institute…
Moving to civil penalties for low-level marijuana possession should result in at least two positive outcomes:
Not burdening people with a debilitating criminal record: With good cause, employers and landlords conduct background checks before making hires and bringing on new tenants. But for someone who committed a nonviolent, low-level drug offense in the past, a criminal record becomes a red flag that prevents him from getting a job, applying for student loans and finding a place to live – in essence, keeping him from being a productive, independent citizen. For a person with a criminal record for minor possession charges, one small mistake can lead to a stunted future.
Saving the state money: Illinois spends over $38,000 a year per prisoner, far more than any of its neighboring states. Its prisons are operating at 150 percent capacity. Illinois Department of Corrections data show that in 2013, the state’s prisons housed 8,946 people for violations of the Controlled Substances Act and Cannabis Control Act out of a total 48,877 prisoners. Jailing people for low-level possession offenses is an expensive prospect. Illinois spent $127 million on police, $72 million in judicial and legal costs, and $22 million in corrections costs to enforce marijuana possession laws in 2010, according to data from the American Civil Liberties Union. In 2012, the Chicago Tribune reported that then-Chicago Police Superintendent Garry McCarthy said marijuana arrests take police up to four hours each. Spending this time and money on nonviolent offenses takes away the manpower needed to respond to violent crimes, and it also crowds out money for core government services.
Now, let’s get on to legalization. Illinois could use the tax money.
- AC - Thursday, May 19, 16 @ 10:48 am:
When the Illinois Policy Institute makes sense, I really start questioning my own judgement.
- Tone - Thursday, May 19, 16 @ 10:50 am:
This is a no brainer. Legalize it.
- Rich Miller - Thursday, May 19, 16 @ 10:50 am:
AC, they do outstanding work on criminal justice reform. And when they tackle things like overregulation of small businesses (think food trucks) they are also quite good.
It’s some of the other stuff that likely brings in their big contributions which I cannot stomach.
- Saluki - Thursday, May 19, 16 @ 10:52 am:
If we could just find another intoxicating substance to legalize and then tax……hmmmm…..I mean, really…..what’s the big deal with Marijuana anyway? Hey…That’s not a cigarette your smoking on this campus is it? Better not be!!!
- Dome Gnome - Thursday, May 19, 16 @ 10:57 am:
My thinking on this has evolved. I never thought I’d be in the legalization camp, but it’s one possible solution that could kill two birds with one stone — needed revenue and prison reform. Let’s give it a go.
- AC - Thursday, May 19, 16 @ 10:58 am:
Rich - point taken, I shouldn’t paint with too broad of a brush.
- Federalist - Thursday, May 19, 16 @ 11:03 am:
Pass it, QUICKLY!
- Saluki - Thursday, May 19, 16 @ 11:05 am:
What is the Mafia to do these days? The state has taken away the gambling machines, and now they are gonna get into the weed business. How about state sanctioned prostitution? I mean, after all….we need revenue right? I never have agreed with the legal weed stuff. Continued normalization it is not going to do anything but create more societal ills.
- Mama - Thursday, May 19, 16 @ 11:07 am:
Are there any solid facts on how much money this would create for the state?
I like the idea of a requirement for drug treatment, but what if they can not afford to go into drug treatment?
- Rich Miller - Thursday, May 19, 16 @ 11:11 am:
===Continued normalization it is not going to do anything but create more societal ills===
Like what? Explosive uptick in Cheetos sales?
/snark
- Homer J. Quinn - Thursday, May 19, 16 @ 11:14 am:
expect another veto with more restrictive demands. give anything to rauner and he’ll move the goalposts.
- independent - Thursday, May 19, 16 @ 11:18 am:
If you legalize it, you better take taxes off the top to pay for prevention and treatment. Under no circumstances should you allow increased use among youth, for them it’s not harmless, just as underage drinking is not harmless.
- Jocko - Thursday, May 19, 16 @ 11:19 am:
==Continued normalization it is not going to do anything but create more societal ills==
Nice try.
http://www.chicagotribune.com/news/opinion/commentary/ct-colorado-recreational-marijuana-legal-perspec-0519-20160518-column.html
- Maximus - Thursday, May 19, 16 @ 11:23 am:
The bill made sense the first time around and it still makes sense. Putting people in jail for possession is stupid and wastes time and money for everyone involved. This should be passed.
- NoGifts - Thursday, May 19, 16 @ 11:28 am:
They still put you in prison if you can’t afford to pay the fine. http://www.chicagojustice.org/blog/pot-tickets/Cannabis_Chi_Ordinance_02011-8844.pdf What does that look like on your record?
- Thoughts Matter - Thursday, May 19, 16 @ 11:33 am:
Legalize, tax it, regulate it. We need to stop trying to protect adults from themselves. Focus on preventing under-age use, dui, etc.
- Rabid - Thursday, May 19, 16 @ 11:37 am:
Where is this suppose to come from? How about a tax stamp for reefer from medical outlets? Evidence from police lockers that you pay tax on?
- Jeff Trigg - Thursday, May 19, 16 @ 11:47 am:
Continued prohibitions of cannabis is not going to do anything but create more societal ills, is a much more accurate statement. We’ve cut cigarette smoking rates by more than half without outlawing it like cannabis. Legalization does not equal normalization as our tobacco policies more than prove.
Cannabis users very, very rarely need drug treatment and that route is a complete waste of resources that should be focused on actually dangerous drugs. Forcing cannabis users into treatment takes away resources that should be used for people with alcohol, heroin, meth addictions and the like.
NoGifts - Just wait until they raise the tobacco smoking age to 21 and all those poor, inner-city, minority 19 year olds who get caught smoking a cigarette wind up in Cook County jail because they can’t afford the fines. Fun times ahead.
- ChicagoVinny - Thursday, May 19, 16 @ 12:03 pm:
I’ve been in favor of pot legalization for quite a while - compared to other things we’re ok with being legal (alcohol, cigarettes) pot has far less harm.
- Cook County Commoner - Thursday, May 19, 16 @ 12:05 pm:
And while were at it, stop the big pharma companies from opposing legalization because they fear what serious research into the uses of cannabinoids will produce and harm their profits. God help us all if a wild plant replaces some of the toxic compounds pharma has been peddling.
- Arthur Andersen - Thursday, May 19, 16 @ 12:08 pm:
This old school guy has come around to being comfortable with this. I’m confused a bit that we can do this, but the med-mar industry is dying on the vine because they are way overbuilt for the number of patients currently eligible. Yes, I’m mixing bongs and brownies, but I just think we need to fix both issues.
I also would like some updated, comprehensive study on “driving while stoned.”
- Ghost - Thursday, May 19, 16 @ 12:18 pm:
creat more societal ills? you mean because prohibition works?
or use of highly highly refined addictive legal drugs like oxy is so much better? or beer? alcohol does far more dmg to people. ask any cop, they prefer somone stoned over somone made agressive by alcohol
- A Modest Proposal - Thursday, May 19, 16 @ 12:21 pm:
I think Rauner’s Amendments are reasonable, and it is Legislator’s fault for not voting on it or to overrride it. Instead, I believe they want to continue to use this as a wedge issue.
- Anonymous - Thursday, May 19, 16 @ 12:37 pm:
Thompson Center could make a good growhouse.
- frisbee - Thursday, May 19, 16 @ 12:47 pm:
Prohibition still doesn’t work, decriminalization still keeps the production and distribution in the hands of organized crime. Legalization is the solution but legalization will take some time in IL, you’ll need bipartisan support to avoid the attack ads/mailers and the IL medical cannabis industry may oppose it if they see it as competition to their coveted licenses. I’d expect IL to move forward with hemp farming sooner than full legalization but Big Ag. doesn’t want a crop that doesn’t need their modified seeds or chemical inputs…
- Bored Chairman - Thursday, May 19, 16 @ 1:01 pm:
Don’t bogart that bill, my friend…
- Not It - Thursday, May 19, 16 @ 1:02 pm:
Rich, I’m not sure I agree of your analysis of the amendatory veto. The sponsor tried to do an over-ride instead of just letting the bill die because the AV was too extensive. She also said negative things about the AV in the media and in her district (which I am a Member of). If the issue was really the extensiveness of the AV she would have run a new bill, but I don’t think that was the issue, rather her hatred of the Governor and everything he stands for. If she hadn’t taken it personally this would have been done last year.
- Vole - Thursday, May 19, 16 @ 1:08 pm:
Ten grams X $10.00 per gram = $100.00 X 25% IL state tax = $25.00 tax to IL. Illinois 1st state east of the Rockies to legalize cannabis! The infrastructure is in place. The med mar establishment has like 100X more production capacity than the feeble IL med mar market can currently absorb (OK, wild guess). So, IL get your grow on. And really decriminalize that 10 grams by not ignoring the feeding of the illegal market to which the sale of that 10 grams will continue to go.
- Robert the 1st - Thursday, May 19, 16 @ 1:16 pm:
=Pass it, QUICKLY!=
Not so quick. It’s puff, puff, then pass.
- Dale Cooper - Thursday, May 19, 16 @ 1:21 pm:
He restructured the terms and they are coming back to him the way he said he wanted it. Watch him veto it. If he does, that’s another big red flag for how he operates.
- A guy - Thursday, May 19, 16 @ 1:30 pm:
An enthusiastic “Wow, Man” to the Governor and the Legislature. This is a long time coming and eases up a lot of unnecessary problems.
- Rabid - Thursday, May 19, 16 @ 1:44 pm:
Think of the children. It’s easier for them to get weed than booze. Which one is legal?
- Anonymous - Thursday, May 19, 16 @ 1:51 pm:
“Now, let’s get on to legalization. Illinois could use the tax money.” Now yer talkin’.
- Anonymous - Thursday, May 19, 16 @ 1:53 pm:
Don’t Bogart that bill!
- Homer J. Quinn - Thursday, May 19, 16 @ 2:29 pm:
now he’s telling the media that he’s “probably comfortable” signing it. so pick up a pen and do it, big talker. achieve something for once.
- Juvenal - Thursday, May 19, 16 @ 2:42 pm:
=== Now, let’s get on to legalization. Illinois could use the tax money. ===
Rich - it seems like the next step ought to be the release from jail of anyone whose conviction falls under the new bill.
- Tommy Chong - Thursday, May 19, 16 @ 2:45 pm:
Far out man!
- MSIX - Thursday, May 19, 16 @ 3:09 pm:
Legalization of pot will necessitate changes in the DUI standards, or we’ll be filling jail cells with unfairly convicted DUI defendants.
- Homer J. Quinn - Thursday, May 19, 16 @ 3:13 pm:
MSIX: this version of the bill did include a limit for drivers: 5 nanograms within two hours of consumption.
- Rabid - Thursday, May 19, 16 @ 3:28 pm:
Don’t Illinois still have any five dollar marijuana tax stamps left over from 1988?
- MSIX - Thursday, May 19, 16 @ 3:39 pm:
=MSIX: this version of the bill did include a limit for drivers: 5 nanograms within two hours of consumption.=
Thanks for that, HJQ. So this would be a blood test as opposed to a urine sample? And how would they determine the time of consumption?
- Homer J. Quinn - Thursday, May 19, 16 @ 3:47 pm:
I think a blood test, but there might be testers that monitor saliva now too. those might also give some idea of the timeframe. the details will have to be sorted out by the courts, because right now someone can say “well I’m a daily consumer and I’m overweight, so i’ll always test over the limit even when I’m sober.”
- Mama - Thursday, May 19, 16 @ 4:11 pm:
“And how would they determine the time of consumption?”
We could find out how CO and WA have measured time of consumption.
- Grandson of Man - Thursday, May 19, 16 @ 4:30 pm:
I applaud any step that brings cannabis reform, but like others, I want legalization.
I want to expand MMJ for therapeutic effects and economic and fiscal benefits. That could start with the governor approving the medical board recommendation to include other illnesses.
- NoGifts - Thursday, May 19, 16 @ 6:23 pm:
Maybe all the police will take phlebotomy classes. (ha ha spell check wants that to be lobotomy!)
- My New Handle - Thursday, May 19, 16 @ 7:17 pm:
The Governor backs off new taxes, so the stuff should be cheaper.
- Rabid - Thursday, May 19, 16 @ 7:26 pm:
US dot sates that there is no elevated crash risk with use. Where is the mayhem in the states where it’s at?