* Ed Sullivan at the Illinois State Rifle Association tries to clear up a massive disinformation/misinformation campaign on social media which has worked its way into actual news stories ahead of tomorrow’s cannabis legalization…
The following information is an attempt to dispel any myths or bad information that we have seen shared on various social media platforms as it relates to the cannabis law in Illinois. Our job at ISRA is to help you navigate laws that could have an adverse effect on your 2nd amendment rights. This information should not be used as legal advice. We at ISRA do not take an opinion for or against this new cannabis law. If you want to smoke cannabis recreationally (marijuana, weed, reefer) come January 1, 2020 that is your right. If you don’t want to smoke cannabis, that is your right as well. We live in the United States of America which gives you a 1st amendment right to your opinion either way. Our mission here at ISRA is to protect your 2nd Amendment Rights.
Let’s start at the beginning. When you purchase a firearm, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) requires you to fill out an ATF E-Form 4473, the Firearm Transactions Record. Specifically, you must attest to the following:
e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
Ok, so this seems pretty straight forward. According to Federal Law if you smoke cannabis you are an “unlawful user” of a controlled substance. Is this the end of the conversation? No. The new Cannabis Regulation and Tax Act in Illinois specifically states in law that a person who uses recreational cannabis is NOT an “unlawful user” of a controlled substance. From Public Act 101-0593 (Trailer to Cannabis Act):
(410 ILCS 705/1-7 new) Sec. 1-7. Lawful user and lawful products. For the purposes of this Act and to clarify the legislative findings on the lawful use of cannabis, a person shall not be considered an unlawful user or addicted to narcotics solely as a result of his or her possession or use of cannabis or cannabis paraphernalia in accordance with this Act.
If you believe in State’s rights, then according to Illinois law, you are not considered an unlawful user if you use or possess cannabis. As we all know in Illinois, we have a real special hoop to jump through to exercise the right to own and possess a firearm called the Firearm Owners Identification Card (FOID).
The FOID Card is administered by the Illinois State Police (ISP). We at ISRA have confirmed that the Illinois State Police will “not revoke Firearm Owners’ Identification cards based solely on a person’s legal use of adult-use cannabis.”
Another tidbit we have seen on certain social media platforms is that cannabis dispensaries will capture your personal information when you purchase their product and in turn that information will be made available to ISP. The fear that once this information is available to ISP then it can be used by the Federal Government to deny you the purchase of a firearm. From PA 101-0027, the Cannabis Regulation and Tax Act:
Section 10-20. Identification; false identification; penalty. (a) To protect personal privacy, the Department of Financial and Professional Regulation shall not require a purchaser to provide a dispensing organization with personal information other than government-issued identification to determine the purchaser’s age, and a dispensing organization shall not obtain and record personal information about a purchaser without the purchaser’s consent. A dispensing organization shall use an electronic reader or electronic scanning device to scan a purchaser’s government-issued identification, if applicable, to determine the purchaser’s age and the validity of the identification. Any identifying or personal information of a purchaser obtained or received in accordance with this Section shall not be retained, used, shared or disclosed for any purpose except as authorized by this Act.
Clearly under Illinois law, no cannabis dispensary can share your personal information, unless you authorize them, to anyone or any entity. This includes the Illinois State Police (ISP) and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
Lastly, we should make you aware of the differences between the purchase/use of recreational cannabis versus the purchase/use of medical cannabis as it relates to your 2nd Amendment rights. To use medical cannabis there are procedures and forms that must be filled out to get a Medical Cannabis Card that authorizes you to be in the program. While Illinois treats cannabis as a prescribed drug, the Federal Government considers cannabis to be a Schedule I narcotic. As such, the Federal Government could gain access to your records as a Medical Cannabis User and therefore jeopardize your right to purchase a firearm from a Federal Firearm License (FFL). If you intend to use cannabis and own a firearm taking the recreational cannabis route has less potential, detrimental effects on your 2nd Amendment rights than the medical cannabis route.
Here’s the deal, if you choose to purchase cannabis, whether recreational or medicinal you will be put in a database of people who are not allowed to purchase a weapon.
Again, that’s false. If you buy cannabis when it’s legalized tomorrow, you will not be put into a database because no such database can be created by state law.
As Charlie Wheeler always says to young reporters: Read the bill.
* I’ll be back the Monday after New Year’s Day. Thanks for everything this year. Thanks for subscribing, for reading, for commenting and for just being you.
…Adding… I just looked at the numbers and this blog raised nearly $40,000 in donations this year. Thanks!
…Adding… A more precise total…
More precisely, we've raised $39,689 for worthy causes during 2019. Can we get to an even $40K? This LSSI fundraiser is still active (hint, hint) https://t.co/Vdx3eKq1Yphttps://t.co/NwA1hw5Fnz
UPDATE: John Amdor, who was awarded the 2019 Golden Horsehoe for Best Use of Social Media, just made a generous contribution to LSSI and helped https://t.co/qiMpDXTIvZ reach $40,000 in donations to worthy causes this year. Thanks, @JohnAmdor!!! Happy holidays to one and all! https://t.co/yyjhvBwxTk
…Adding… I almost forgot to say thanks to everyone who helped Greta Lindall with her school science project. She and her project partner Orla Byrley have advanced to the area competition. Congratulations to both! After that, it’ll be the city and then the state competition, so keep your fingers crossed!
* The 2019 Golden Horseshoe Award for Best Use Of Social Media goes to John Amdor…
John Amdor and it isn’t even close. He literally goes through old debate transcripts in order to find funny moments to share on twitter. Plus: Rob the Dog, videos of cars driving in bike lanes, and genuinely insightful and humorous takes on whatever is going on. The man is a must follow. He even commented on this thread - that’s how prolific he is.
Not to mention the never-ending saga of his stolen recycling bins. Dude is an Illinois treasure and he’s not even from here.
* From 37th House District candidate Tim Baldermann’s (R-New Lenox) Facebook page on December 5…
So many people dislike politics because of the lies and dirty tactics used by far too many political campaigns. These smear tactics are most frequently employed by candidates who don’t have a real platform or record to run on.
Today, the Will County Gazette, which is nothing more than a prop used by unscrupulous political consultants for their own personal profit, posted another fake story in order to help my opponents campaign.
Baldermann faces Tim Ozinga in the Republican primary. This is an open seat contest created when GOP Rep. Margo McDermed announced her retirement. The Republicans have been worried that the Democrats might try to make a run for the seat, and some Republicans worry that Baldermann is too easy of a target..
He receives $71,000 a year in disability from Chicago Ridge as former police chief there, a salary of $206,000 as superintendent of the tiniest school district in the state, and an $18,000 salary as mayor of New Lenox (which he says he donates to charity). He also received $15,000 as a Metra director until stepping down in August when he announced he was running for the state House seat.
The total package for the superintendent of Union School District 81 includes a $10,000 annual bonus, a car allowance and health insurance. The district also picks up the cost of his pension contribution.
The amount was questioned last fall in a report by Fox 32 Chicago.
“Two-hundred-thousand a year to run a school district isn’t extraordinary,” the story said. “But what makes Baldermann’s salary stand out is the size of the district: one building, 11 teachers and about 100 students, with as few as 92 a couple years ago.”
I wanted you to hear from me personally that my name will not appear on the ballot for State Representative.
I have served as an elected official locally for 18 years. Seeing the dysfunction in our state capitol drove me to consider a run for State Representative. With my experience and passion for good government, I believed we would be able to run a successful campaign focused on the issues. Unfortunately, in today’s political climate that’s not enough.
Recently, Illinois Republican leaders expressed concern that an expensive and exhaustive primary in the 37th District could leave the winner vulnerable to Mike Madigan and the Illinois Democratic machine in a general election. I do not have the personal finances and resources necessary to sustain these all-too expensive campaigns. Additionally, the House Republican Organization doesn’t have the funding to finance this campaign in a general election. Finally, there were concerns about me remaining on as mayor and superintendent. We have accomplished so much at the village and school district that I’m not willing to give that up.
I don’t fault the Illinois Republican Leadership for their position. They have to put the Party’s interest ahead of any individual candidate. This is not a reflection on the other candidates in this race.This is a systemic issue.I have issues with the process. Until there is change that includes open primaries, meaningful campaign finance reform and term limits, elections will be out of reach for many who wish to serve at a higher office.
Additionally, politics beyond the local level have become far too negative, polarizing and expensive. I will not tear another person down just because they are my political opponent. Furthermore, I will not subject my family and friends to that same all-too common treatment. Many campaigns and special interest groups engage in unscrupulous activity just to further their agenda.
Murphysboro Mayor Will Stephens has ended his primary bid to run as the Republican candidate in Illinois’ 115th House District.
Stephens was a late addition to an already competitive race and announced through a Facebook post Sunday that he would be withdrawing his name from candidacy in the spring primary. […]
Stephens wrote in his post that his petition was challenged by fellow primary candidate Zach Meyer. Stephens wrote that Meyer objected on a host of reasons, including that a few people who signed his petition didn’t live in the district, while others were not registered voters or had signed other candidates’ petitions. […]
“Though we likely could have overcome some of these challenges, it became uncertain as to whether I could retain enough of my signatures to remain on the ballot,” Stephens wrote in his Facebook post.
The chairman of the City Council’s Black Caucus threatened Thursday to try again to delay recreational marijuana sales in Chicago for six months after accusing Gov. J.B. Pritzker’s office of backing off from a commitment made to African American aldermen demanding a piece of the pie.
Ald. Jason Ervin (28th) said “seven or eight” black and Hispanic aldermen voted against a six-month delay based on the promise they were told the governor’s office made to earmark two medical marijuana dispensary licenses — in Hyde Park and Chinatown — for social equity applicants. […]
Hours after a divided City Council voted to let recreational marijuana sales begin as scheduled Jan. 1, the governor’s office disavowed any such guarantees about the two new licenses. […]
On Thursday, Ervin accused the governor’s office of backing away from a commitment made to the Black Caucus during marathon negotiations brokered by aides to Mayor Lori Lightfoot that continued up until and during the tension-filled City Council meeting Wednesday.
“The governor’s office … made commitments for two medicinal social equity licenses — one in the Hyde Park area, one in the Chinatown area — relayed to us by the mayor and her staff. They [said] they had to adjust some rules or do something to make that happen,” Ervin said.
This is just so ridiculously ill-informed by so many people on so many levels.
* First of all, the state created several medical cannabis dispensary licenses years ago. But not all of them were awarded. This year, a law was passed to apply social equity requirements to the owners of the not yet awarded licenses. But before that happened, way back on May 20thin 2014, the state published some new rules that specified the locations of those dispensaries. Among those newly specified locations back in Maywere these…
Hyde Park Township shall be a Dispensing Organization District and shall be allocated two registrations. […]
South Township shall be a Dispensing Organization District and shall be allocated one registration.
That South Township location contains Chinatown. One of the Hyde Park registrations is already taken.
…Adding… My bad. This rule with the locations was actually first adopted in July of 2014.
I don’t know if the mayor and her people messed up by claiming that these dispensaries were part of some “new” offer by the governor, or if the aldermen misunderstood the mayor, or what. But those locations have existed in state rules for seven months.
Currently, there are five more medical dispensary licenses available in Illinois. The state authorized 60 medical dispensaries under administrative rules and established districts with a set number of licenses available to geographically disperse them.
Districts in Chicago are organized by townships. Two dispensaries are allowed in Hyde Park Township, and one is authorized in South Township, which includes Chinatown. One medical dispensary, Mission Chicago South Shore Medical Marijuana Dispensary, 8554 S. Commercial Ave., exists in Hyde Park Township; there are none in South Township.
Revisions made to the Medical Cannabis Act in the spring added social equity standards to the medical cannabis program, but rulemaking is required to incorporate them into the application process. Abudayyeh says the rulemaking process is going on now.
“The state is working to finalize social equity standards for the remaining medical licenses and has to work through the rule-making process to get that done,” she said in a statement. “When the rules are approved, applications for the remaining medical licenses will be opened for applicants, and we will follow the application process to award those licenses.”
On Dec. 18, Ald. Jason C. Ervin (28th), who chairs the Black Caucus, said in an interview that he had not reviewed all the nuances of the administration’s plan, “but in principle, that is what was agreed to.”
Wait a second. On Wednesday, December 18th, Ald. Ervin was shown the actual facts and said it was what he had agreed to. But on Thursday Ervin threatened to bring his implementation delay ordinance back to the council floor.
This really makes it look like Ald. Ervin is up to something completely separate from minority involvement in the cannabis industry.
* Rick Nielsen is getting more than he bargained for…
In response to our reporting, the Secretary of State Jesse White’s office tells me their Inspector General is investigating to find out why Rick Nielsen did not register as a lobbyist. https://t.co/BUsp2QLrHj
This after WCIA’s Target 3 investigators dug into Senator Syverson’s connections to a proposed casino in Rockford. One of his ties was to Rick Nielsen, who he brought onto the chamber floor in violation of senate rules. Nielsen handed out guitar picks with the words ‘It’s time for a casino in Rockford’ stamped on them to legislators.
The Inspector General wants to find out why Nielsen did not register as a lobbyist. Syverson insists Nielsen wasn’t lobbying on the floor.
The headline-grabbing news Wednesday was about the graduated income tax. But the chatter from lawmakers was about the sports luminaries walking the halls of the Capitol. Chicago Bulls and White Sox owner Jerry Reinsdorf, retired Bulls star Horace Grant, and former White Sox Manager Ozzie Guillen posed for selfies and waved at lawmakers who cried out “Go Sox” and “Go Bulls” at every turn. The sports trio was in Springfield [on May 1] to schmooze lawmakers who are debating a sports-betting bill.
Senate President John Cullerton introduced the Chicago White Sox and Chicago Bulls owner, Jerry Reinsdorf, along with Ozzie Guillen and Horace Grant, on the senate floor by saying,
So, if they’re going after Nielsen, what about Reinsdorf and Guillen? At minimum, they probably shouldn’t have been invited on to the Senate floor. But, I don’t think they were handing out White Sox swag promoting sports betting.
