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First wave of cannabis pardons begins

Monday, Jan 6, 2020 - Posted by Rich Miller

* Motley Fool

An important, and very humane, aspect of the new Illinois law is its expungement clause. People with nonviolent cannabis-related offenses on their criminal records can have them basically erased following an official review.

* Tribune

On the day before recreational cannabis becomes legal in Illinois, Gov. J.B. Pritzker announced he was pardoning more than 11,000 people who had been convicted of low-level marijuana crimes.

“When Illinois’ first adult use cannabis shops open their doors tomorrow, we must all remember that the purpose of this legislation is not to immediately make cannabis widely available or to maximize product on the shelves, that’s not the main purpose, that will come with time,” Pritzker said to a crowd at Trinity United Church of Christ on the Far South Side. “But instead the defining purpose of legalization is to maximize equity for generations to come.”

Pritzker, who has touted the social equity elements of the recreational pot law he signed this summer, was joined Tuesday by state, county and local leaders including Cook County State’s Attorney Kim Foxx, who has already begun the process of clearing the records of those with low-level marijuana convictions in her jurisdiction.

The 11,017 people pardoned by Pritzker will receive notification about their cases, all of which are from outside Cook County, by mail. The pardon means convictions involving less than 30 grams of marijuana will be automatically expunged.

* Sun-Times

Illinoisans who have been arrested but not convicted will have their records automatically expunged by the Illinois State Police. However, the more complicated process for expunging convictions includes multiple state agencies and requires the governor to approve any pardons.

Attorney General Kwame Raoul will now file petitions to expunge the offenses pardoned by Pritzker, which must then be approved by a judge. After that, state police and local law enforcement can expunge the records.

The first round of automatic expungements, which includes records dating back to 2013, will be cleared by January 1, 2021. Records from as far back as 2000 will then be expunged by 2023, and offenses from before 2000 will be cleared by 2025.

For Pritzker, Tuesday’s action begins the process of making good on a core campaign promise to center the legalization push around criminal and social justice issues.

* WGEM

For convictions up to 30 grams not associated with a violent offense, there are 116,000 records eligible for expungement through the Governor’s pardon process. In Cook County, State’s Attorney Kim Foxx has already begun to address stand-alone conviction records, with an initial wave of 1,000 convictions expunged earlier this month.

Of these 116,000 records, 43,500 records solely involve cannabis offenses and 72,500 include another non-violent offense. Only cannabis convictions will be expunged. […]

Individuals, civil legal aid organizations acting on their behalf and state’s attorneys can file motions to vacate for cannabis offenses up to 500 grams. Approximately 34,000 records are eligible for expungement under this process. Cannabis sales tax revenue will generate funding for programs to help individuals expunge these records.

* Fox News

Pritzker’s office said 92 of the state’s 102 counties are represented among the pardons announced Tuesday.

Earlier this month, Pritzker — who unseated moderate Republican Gov. Bruce Rauner in 2018 — defended the new law in remarks reported by the Chicago Tribune.

“Our goal is not to immediately deliver as much access to recreational cannabis as possible as quickly as possible,” he said during a ceremony in which he signed a document that adjusted parts of the bill — originally passed in June.

“We want black and brown people, we want people who’ve been left out and left behind, to have a real opportunity to not only benefit from this new industry but to create new millionaires in the black community, in the Latino community, all across this state,” he said, heralding his hope that the new law will diversify the legal cannabis industry.

       

19 Comments
  1. - prairiestatedem - Monday, Jan 6, 20 @ 10:14 am:

    I was not a supporter of recreational pot by any means, it was a lie by the industry to push for medical for PTSD etc, then switch just to go after the recreational licenses. Each dispensary now possesses a CLASS X amount of weed for recreational purposes. The misdemeanor expungement push is only a place to start. Since we have decided as a people that weed is legal, it is completely disingenuous to let a “businessperson” have a Class X amount while someone else, who is most likely a minority be shafted and have a conviction (sometimes stand alone with no additional charges as mentioned above). This is of course occurring while we let a selected, politically endorsed few profit, the poorest communities can enjoy their felony convictions. We need to do better and make this right. Another chapter in the hypocrisy of the criminal justice system.


  2. - All this - Monday, Jan 6, 20 @ 10:15 am:

    Before the tiresome comments start about how this isn’t fair to law abiding people and that there should be a list of people who broke the law, (the use of which, who knows?) Please, stop to think, gay relationships were once outlawed, and we changed our minds about that, interracial marriages were once outlawed and we changed our minds about that, alcohol was once outlawed and we changed our minds about that. We don’t keep track of people who violated these last bad laws so we shouldn’t keep track of people who violated marijuana prohibition either.


  3. - Nick Name - Monday, Jan 6, 20 @ 10:19 am:

    Six days into legal weed in Illinois, and the sky still hasn’t fallen.


  4. - efudd - Monday, Jan 6, 20 @ 10:24 am:

    Nick Name, Amen.
    The line around Thrive in Anna was hundreds of yards long. Pretty sure no other locally owned business in town brought in that amount of sales tax January 1.


  5. - Huh? - Monday, Jan 6, 20 @ 10:28 am:

    How many of the pardons were people who are presently in jail? How long until those who are in jail for an equivalent crime will be released?


  6. - Da Big Bad Wolf - Monday, Jan 6, 20 @ 10:34 am:

    == How many of the pardons were people who are presently in jail? ==
    A better question: how many people can now get better jobs due to the expungement?


  7. - Nick Name - Monday, Jan 6, 20 @ 10:43 am:

    @efudd: the line at Springfield’s downtown dispensary went around the block and the owner set up port-a-johns to accommodate people in line.


  8. - Jocko - Monday, Jan 6, 20 @ 10:44 am:

    ==the sky still hasn’t fallen.==

    Not only that, but Day 1 was $3.2 million, 10% (to 25%) of which goes directly to the state’s coffers.


  9. - NIU Grad - Monday, Jan 6, 20 @ 10:50 am:

    “moderate Republican Gov. Bruce Rauner…”

    OK, Fox News.


  10. - Juvenal - Monday, Jan 6, 20 @ 12:33 pm:

    Kudos to the governor’s office for their message discipline.

    When folks tell you over and over it’s not about the Money: it’s about the Money.

    Don’t get me wrong, we should do expungement because it’s the right thing to do. But don’t expect transformational change from those expungements. People are not going to suddenly be work ready because a pot conviction from 10 years ago was erased, and if they are unemployed or underemployed it’s likely the pot conviction from a decade ago was not the only thing holding them back.


  11. - revvedup - Monday, Jan 6, 20 @ 1:15 pm:

    I hope someone tracks how many of these pardoned offenders subsequently are re-arrested for cannabis law violations. If they are, their pardon should be revoked, since they never learned their lesson.


  12. - Da Big Bad Wolf - Monday, Jan 6, 20 @ 1:18 pm:

    == People are not going to suddenly be work ready because a pot conviction from 10 years ago was erased==

    The data suggests they WILL be suddenly work ready.
    An 27% unemployment rate for formerly incarcerated people versus a 4% unemployment general rate 2018) suggests formerly incarcerated people have a hard time getting jobs. This will make a difference in people’s lives. Show me the data that proves otherwise.

    https://www.prisonpolicy.org/reports/outofwork.html


  13. - thechampaignlife - Monday, Jan 6, 20 @ 1:31 pm:

    IDOT was on their game over the break:

    https://www.reddit.com/r/funny/comments/ejj4mf/legal_marijuana_puns_courtesy_of_the_illinois/


  14. - Da Big Bad Wolf - Monday, Jan 6, 20 @ 2:10 pm:

    Thanks the champaignlife. Those were fun.


  15. - Dotnonymous - Monday, Jan 6, 20 @ 2:16 pm:

    - revvedup - Monday, Jan 6, 20 @ 1:15 pm:

    I hope someone tracks how many of these pardoned offenders subsequently are re-arrested for cannabis law violations. If they are, their pardon should be revoked, since they never learned their lesson.

    You do it…until you give up?…because you lost…you don’t have to like it…but you and law enforcement officials will learn to live with it.


  16. - Maryjane - Monday, Jan 6, 20 @ 3:22 pm:

    revvedup:
    “they never learned their lesson. ”

    You, I suggest, are the one who hasn’t learned their lesson. I have no clue why this stings so much for you but I’m ‘kinda glad it does.

    I once accidentally interrupted an undercover marijuana buy, back in ‘83, in Virginia. I was eventually let go, but not before witnessing the true bloodthirsty nature of the event. I have been one of the lucky ones. There has been more than one close call for me. I recently read one of Lucius Beebe’s (who was no liberal) columns from the SF Chronicle ’60s. In it he was bemoaning the roaring 20’s shtick that was to be found in various restaurants and bars at the time. He reminded his readers of what the experience of alcohol prohibition enforcement was truly like; the destruction, bloodshed and cries of anguished, injured citizens who were doing nothing more than what they had been previously allowed to do, and of course were allowed to again eventually. But not before the authorities busted quite a few heads for their own amusement.


  17. - Lynn S. - Tuesday, Jan 7, 20 @ 2:26 am:

    I’d be really interested to see what 11 counties were not on the expungement list, and interested to hear why absolutely no one in those counties qualified for expungement.

    My suspicions regard who’s responsible for forwarding petitions to the staff for review, and I’m not giving a stink eye to the Governor’s staff


  18. - Da Big Bad Wolf - Tuesday, Jan 7, 20 @ 6:45 am:

    == I’d be really interested to see what 11 counties were not on the expungement list, and interested to hear why absolutely no one in those counties qualified for expungement.==

    I think it would be helpful to see a breakdown of expungements by county per HB 2493. Not everyone qualifies for automatic expungement, if a person has more than 30 grams that person has to initiate the expungement.


  19. - CEA - Tuesday, Jan 7, 20 @ 8:20 am:

    I never understood why Bruce Rauner’s scuttle-the-ship approach to government didn’t work, but now we finally have an explanation from Fox News: he was too moderate.


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