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A key component of a bill that would legalize possession and sale of marijuana for recreational use in Illinois — erasing pot-related convictions for potentially hundreds of thousands of people — may violate the state Constitution, according to the group representing county prosecutors statewide.

The bill essentially would create legislative pardons, which are illegal, said Robert Berlin, president of the Illinois State’s Attorneys Association.

Under the Illinois Constitution, only the governor can issue pardons, Berlin, the DuPage County state’s attorney, told The State Journal-Register. […]

[Rep. Kelly Cassidy, D-Chicago] said automatic expungements provided for in the bill would affect only past convictions.

However, the bill’s section on “future offenses” says circuit court clerks, arresting agencies and the Illinois State Police “shall expunge” twice a year the records of people found to have committed the outlined offenses as long as the cases have been closed.

Some law enforcement officials have questioned whether the bill is attempting a back-door revision of Illinois criminal law by providing for expungement of convictions for crimes that remain on the books.

I’m told the expungement section has been changed countless times and will likely be changed again. One tactic often used by opponents is to nitpick everything they possibly can. Remain calm.

Lots more in that story, by the way, so try to read the whole thing.

…Adding… Rep. Cassidy…

Expungement is a critical part of this. We’ve always said that the language about how this gets done is a work in progress. We have been talking to the prosecutors & law enforcement from Day One. It would be more productive to stay at the table and discuss process than to do this. One thing we’re finding is that some folks are just against expungement but need a fig leaf – any fig leaf – to hide their objection to the idea.

Agreed on that last sentence.

* Meanwhile, we’ve already talked about the very real possibility that home grow will be limited only to medical cannabis patients. The Trib talked to NORML’s guy…

The executive director of the longtime cannabis activist group Illinois NORML, Dan Linn, said he would have to consult with his advisory board on how to react to such a change.

“We’d have to look at whether we’re still able to support the legislation,” he said.

NORML did support the legalization of marijuana in the state of Washington, which prohibits homegrown pot for the general population, but many other states do allow homegrown, Linn said.

“People say to pass the best bill you can and come back later to try and make it better,” Linn said. “But we’ve had significant problems with the (existing) medical cannabis program that we still have not been able to fix.”

Vigorous advocacy is a good thing. It helps keep the stakeholders honest. But, in the end, it comes down to 60-30-signature. Remember the lessons of the past four years.

* Where’s the money going?…

After regulatory costs are covered, 25 percent of proceeds from taxes and other revenue generated from recreational marijuana would be deposited in an account dubbed the Restoring Our Communities fund, a new pot of money that would provide grants aimed at reducing violence, particularly gun violence, and increasing economic development in communities ravaged by violence, poverty and high incarceration rates. A board including legislators, former inmates, experts in violence reduction, members of community groups, officials with several state agencies and representatives from the governor’s office and attorney general’s office would decide how the money is spent.

In addition to money for the new fund, 35 percent of recreational pot revenue would go to the state general fund, 20 percent would be allocated for substance abuse and mental health treatment, 10 percent would go toward paying the state’s overdue bills, 8 percent would be sent to the state Law Enforcement Standards and Training Board and 2 percent would be spent on drug education and substance abuse awareness.

Pie chart…

* Related…

* Not too long ago, a marijuana supplier was a drug dealer. Now it’s a ‘creditworthy tenant,’ as Chicago weed companies grow: At least half a dozen marijuana companies in Chicago have moved or expanded their headquarters in the past several months. Some doubled their space or more. A couple moved downtown from the suburbs, a tactic deployed by companies in many industries to better woo talent.

* McLean County Sheriff Says No To Recreational Cannabis Bill, Home Growing

posted by Rich Miller
Tuesday, May 14, 19 @ 10:05 am

Comments

Speaker Frank Chopp in Washington State has announce he will not run in 2020. Look for a six plant home grow to pass both chambers and be signed into law next year. July 1, 2020 expect six plant home grow in Washington State. Chopp won’t be around to place a brick on it.

Comment by Al Tuesday, May 14, 19 @ 10:16 am
It’s extremely disappointing that homegrow will remain illegal. Why is it legal to brew beer and distill liquor in your living room, but illegal to grow a plant in a bedroom?

The state is acquiescing the entire production to corporations which will ensure more tax revenues. I’d rather scrap the bill and get it right in a year. It’s very difficult to amend this type of legislation as shown in other states.

Don’t bow to the pressure and keep homegrow in the bill.

Comment by Matt Tuesday, May 14, 19 @ 10:16 am
I very much support funds going to the communities suffering the most from gun violence, mass incarceration and the failed war on cannabis.

It looks like passing this is going to be a tough needle to thread right now, with dissatisfaction of the home-growing proponents and anti-expungement people, as well as the go-slow people.

After watching politics for a while, patience and preserver are very important. If this doesn’t pass now, legalization proponents should keep pushing for it, like through the primary election process. Voters are ahead of the politicians on this. Pritzker needs to stay committed to this.

Comment by Grandson of Man Tuesday, May 14, 19 @ 10:18 am
I can imagine if everything except home grow passes that it won’t be long before home grow enthusiasts find a way to discreetly work around that silly prohibition. You know, kind of like they do now.

Once recreational use is legal and people get used to it, having a few plants in your home is going to be the law enforcement equivalent of jay-walking. Technically illegal, rarely enforced.

Don’t let the perfect be the enemy of the good.

Comment by 47th Ward Tuesday, May 14, 19 @ 10:22 am
NORML would be wise not to create purity tests. A half a loaf here would be a huge advance.

Comment by wordslinger Tuesday, May 14, 19 @ 10:31 am
I agree with no purity tests. This is massive reform, even without home-grown. They have to put out a bill and vote on it, to see where everyone stands and take names, if necessary, for possible primaries.

Comment by Grandson of Man Tuesday, May 14, 19 @ 10:39 am
==Only the governor can issue pardons.==

JB, prepare for some major writer’s cramp.

Comment by Da Big Bad Wolf Tuesday, May 14, 19 @ 10:41 am
Home grow for up to 12 plants has been legal in Michigan for six months. Apparently, cartels have been able to silence all TV, radio, and print media on problems being caused by this. /s

Comment by Jocko Tuesday, May 14, 19 @ 10:42 am
Matt, you want more people to be arrested, and for people already arrested to stay in jail/prison, for another year because… you can’t grow your own pot? You saving money to get high is more important than other people’s freedom? OK. Weird hill to die on, but OK.

Comment by Perrid Tuesday, May 14, 19 @ 10:44 am
===writer’s cramp===

Auto-pen

Comment by Rich Miller Tuesday, May 14, 19 @ 10:47 am
== Why is it legal to brew beer and distill liquor in your living room, ==

It’s legal to distill liquor in your home? Is that true? Asking for a friend.

Liquor Control Act of 1934

Sec. 2-1. No person shall manufacture, bottle, blend, sell, barter, transport, transfer into this State from a point outside this State, deliver, furnish or possess any alcoholic liquor for beverage purposes, unless such person has been issued a license by the Commission or except as permitted by Section 6-29 of this Act or except as otherwise specifically provided in this Act;

Sec. 10-1. Violations; penalties.

(a) Any person who manufactures, imports for distribution or use, or distributes or sells alcoholic liquor at any place within the State without having first obtained a valid license to do so under the provisions of this Act shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense.

Sec. 10-7. Every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful manufacture, distribution or sale of any alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any other manner used in violation of any of the provisions of this Act is hereby declared to be a public nuisance and shall be abated as provided by the laws of this State for the abatement of public nuisances.

Comment by OneMan Tuesday, May 14, 19 @ 10:47 am
Ok, distilling liquor is illegal. But I can legally brew an 11% double IPA in my bedroom.

Why the double standard for marijuana? If we want to eliminate all marijuana arrests then homegrow needs to be included in this bill.

Comment by Matt Tuesday, May 14, 19 @ 10:55 am
“I’m told the expungement section has been changed countless times and will likely be changed again.”

If legislative pardon/expungement are a no go - JB needs to offer something quick to keep his coalition together. …”“For generations, government policy of mass incarceration increased racial disparities by locking up thousands of individuals for marijuana use or possession,” said state Sen. Toi Hutchinson, D-Chicago

Comment by Donnie Elgin Tuesday, May 14, 19 @ 11:00 am
Illinois needs to stop being “Democratic” and start acting progressively. Passing this bill is a huge start toward policies that will help all citizens lead happy and productive lives.

Comment by Progressive Guy Tuesday, May 14, 19 @ 11:07 am
Nice to see a big piece of the pie go to mental health funding.

Comment by Da Big Bad Wolf Tuesday, May 14, 19 @ 11:10 am
– Why the double standard for marijuana? —

From my view, because law ‘enforcement’ were tasked with addressing that portion of ‘proposed legislation’ specifically. And either it’s in fact an impossible task for current Illinois police, unlike in other states, or they have some other reasons to push to maintain blanket criminal eligibility among healthy and responsible adult Illinois citizens, via homegrow.

Comment by XonXoff Tuesday, May 14, 19 @ 11:31 am
Personally ,I can’t support any law that does not recognize the right to home grow…I wonder if Governor Pritzker does?…He publicly supported home grow a couple of weeks ago.

Is our Governor in charge?

Comment by Dotnonymous Tuesday, May 14, 19 @ 11:44 am
===Is our Governor in charge? ===

60-30-signature

Comment by Rich Miller Tuesday, May 14, 19 @ 11:46 am
Thankfully Michigan legalized with stores selling early next year. If Illinois can’t get it done, short drive.

Comment by Illinois Resident Tuesday, May 14, 19 @ 11:50 am
== They have to put out a bill and vote on it, to see where everyone stands and take names, if necessary, for possible primaries.==

You really think people will be get a primary for their vote on this bill?

Comment by Nova Tuesday, May 14, 19 @ 11:51 am
===You really think people will be get a primary for their vote on this bill? ===

A Democrat who votes No is inviting primary opponents.

Comment by Rich Miller Tuesday, May 14, 19 @ 11:52 am
Nova - Agree with Rich here. 66% of us want this. If you defy voters and special interests that want it, you could very well have primary opponents for that reason.

Comment by Illinois Resident Tuesday, May 14, 19 @ 11:56 am
“Personally ,I can’t support any law that does not recognize the right to home grow”

There are those who won’t support it because of home-grown. Should everybody lose because one faction is unhappy?

Comment by Grandson of Man Tuesday, May 14, 19 @ 11:59 am
George Ryan cleared out death row with similar reasons of injustice. Sounds like JB could make it a project with a goal of say, 2/3rds commuted/expunged by January 1st, with the rest by the end of the next year. Then it doesn’t have to be in the bill because it already is happening.

Comment by Shark Sandwich Tuesday, May 14, 19 @ 12:20 pm
Not allowing home grown will only retain ability of police/state’s atty to harass people.

Comment by d. p. gumby Tuesday, May 14, 19 @ 12:21 pm
Home grow is critical to a successful law in my opinion. Any concessions to the Illinois Sheriffs Association is a foolish waste of time. You give them an inch and they will take it, and still be against it. I’m tired of my party negotiating in good faith with people who will never be on board.

Comment by South-Suburbs Tuesday, May 14, 19 @ 12:37 pm
The homegrow part is hugely important but its part of the larger scheme here. They have limited real commercial competition by restricting the number of licenses. Craft grows are limited in size and also in quantity. A craft grow license holder can only have 1 license. That is at 5,000 sq ft. Cultivation centers can have 3 production facilities with 100,000 sq ft each. The craft grows are expensive and excessively regulated.

On dispensary side; the same company can have up to 10. If you tie a craft grow to a dispensary but are limited to 1 craft grow you are limiting the dispensary options for that 1 grow to 1 as well.

So all in all, its a corporate giveaway either way you slice it. Big players get bigger and small players will permanently remain small. This is not how any industry should work. It is going to have supply issues from the get go which are built into the bill. Which affects price. Which affects consumers ability to buy what they need from the licensed stores which results in adult-use failure. There are at most going to be 110 retail outlets for adult use for the entire state when this new program goes live Jan 1 2020. That is 200 less than the city of Denver alone. IL has double the population of CO and gets more annual visitors.

Removing home grow in what is going to be an inadequately supplied legal market is the wrong move. The bill already is a corporate sell out and this just make it worse. A Cresco labs or GTI or whoever can grow 100,000 sq ft of plants in three separate locations but random john doe can go to jail for growing 1 single plant? That isn’t legalization. It’s bs. They aren’t even talking about lowering the penalties for those who do grow a small amount. So much for working towards ending prohibition and the failed war on marijuana. If anything, arrests are likely to increase since now everybody under 21 who gets caught with any amount gets a class A misdemeanor rather than the benefit of decrim. Unacceptable.

Comment by Norml_fan Tuesday, May 14, 19 @ 12:42 pm
==Once recreational use is legal and people get used to it, having a few plants in your home is going to be the law enforcement equivalent of jay-walking. Technically illegal, rarely enforced.==

you sound white

Comment by crazybleedingheart Tuesday, May 14, 19 @ 12:46 pm
===will permanently remain===

Nothing is permanent. When Illinois legalized casinos, bar owners could still go to jail for paying out on poker machines. My own tavern-owning aunt was rounded up once (an employee paid out to the “wrong” person). Now, we have licensed video poker in taverns.

Comment by Rich Miller Tuesday, May 14, 19 @ 12:52 pm
So let’s say this bill passes without the ability to home grow and someone gets caught growing 20 plants or less. What is the punishment? Wouldn’t that person be eligible for expungement? Not ideal but better than the status quo.

Comment by Illinois_Sixth Tuesday, May 14, 19 @ 1:07 pm
and I was having so much fun planning my garden…..

Comment by Amalia Tuesday, May 14, 19 @ 1:10 pm
True… the license issues [namely the caps on number of licenses]could change with future legislation. But if the big corporate growers get everything they wanted with this bill…what is to prevent them from getting what they want in future bills?

It is in fact very likely the statutory limits on licenses in the bill will need to change in the near future after the program fails. Maybe the legislature gives the big players even more licenses. [snarky response but not really]. Maybe they give the craft growers the option for 3 craft grows instead of 1. They will still be 250,000 sq foot away from competing on an even foothold.

I do believe competition is lacking…and that competition (real competition) is needed to keep prices reasonable. Right now they are not. I am a med card holder. Supply is tight, prices are high. And that is without paying much if any sales tax at all. This current system will not work on the much larger scale of adult use with much higher taxation levels.

Comment by Norml_fan Tuesday, May 14, 19 @ 1:21 pm
– Nothing is permanent. –

Is permanency relative to one’s lifetime? For some of us approaching the far-end, it feels like it may end up having been permanent. It was permanent for several of my family and friends. No legislature or Governor can expunge that.

Comment by XonXoff Tuesday, May 14, 19 @ 1:23 pm
===you sound white===

You sound dumb.

Comment by 47th Ward Tuesday, May 14, 19 @ 1:29 pm
Home growing really, really should be allowed, even if it is limited to a handful of plants. If consuming cannabis is morally okay (and it is), then private citizens deserve a right to grow some for personal use. Why should we be required to pay someone else to do something we might want to do ourselves?

Comment by Techie Tuesday, May 14, 19 @ 2:38 pm
===really, really should be allowed, even if it is limited===

Agreed. But we can’t always get everything we want.

And if you’d favor killing the bill over this, then you’d be doing a terrible harm to the vast majority of people who have no interest or ability or opportunity to home grow, and to those thousands of people who won’t receive expungements.

Comment by Rich Miller Tuesday, May 14, 19 @ 2:42 pm
If you are going to allow home grown cannabis, only legally allow one plant. Those plants grow into a bush. Illinois’s Cannabis Farmers won’t be able to make any money if everyone grows their own.

Comment by Mama Tuesday, May 14, 19 @ 2:47 pm
Rich - Any predictions on cannabis legalization this session. You are more connected then the average Illinois citizen. Are they going to get this done? My concern is all of the democrats on the Moylan bill to slow things down.

Comment by Illinois Resident Tuesday, May 14, 19 @ 2:47 pm
===And if you’d favor killing the bill over this===

No, I wouldn’t favor killing the bill over this. If I were a legislator, I’d fight hard to get it included in the bill. But if I felt its passage would be jeopardized by its inclusion, I would sacrifice it to make sure the whole package passed.

Legalization of use, commercial growing, selling, and expungement are the most important parts of the bill. If home grow were not included on the first go-around, it could be legalized at a later date. Better to make some progress than none at all.

Comment by Techie Tuesday, May 14, 19 @ 2:52 pm
Expungements are on deck.

Comment by XonXoff Tuesday, May 14, 19 @ 2:53 pm
I will say this, if a cannabis bill does not pass this session, our legislatures really let our state down. With Michigan legalizing soon, we would be giving up jobs and revenue to a state right next door.

Comment by Illinois Resident Tuesday, May 14, 19 @ 2:56 pm
- Norml_fan -

Great point, what is decrimanlized now will be recriminalized for those under 21. If they dont allow home grow its not legalization it is
monopolization.

“So much for working towards ending prohibition and the failed war on marijuana. If anything, arrests are likely to increase since now everybody under 21 who gets caught with any amount gets a class A misdemeanor rather than the benefit of decrim. Unacceptable”.

Comment by Hey oh. Tuesday, May 14, 19 @ 3:15 pm
What about a sin tax? I hope it’s as high as the tax they want to put on Cigarettes and e-cigarette liquid. Fair is fair.

Comment by Anonymous Tuesday, May 14, 19 @ 3:27 pm
– everybody under 21 who gets caught with any amount gets a class A misdemeanor –

Could they get court-ordered rehab with that?

Comment by XonXoff Tuesday, May 14, 19 @ 3:28 pm
I’m not sure it’s a good career move to vote for a Bill that gives a financial preference and monetary assistance to an ex-offender’s business over a military veteran’s business especially since veterans played a large role in the Medical Marijuana Bill.

Comment by Ol' Blood and Guts Tuesday, May 14, 19 @ 3:38 pm
Ol’ Blood and Guts - Respectfully disagree. An ex offender has had to deal with all kinds of injustices for a substance that should never been illegal. Some of those folks are veterans.

Comment by Illinois Resident Tuesday, May 14, 19 @ 3:42 pm
Illinois Resident - what are a few of these “injustices” you speak of and why should that warrant a financial preference over law abiding military veterans for anything?

Comment by Anonymous Tuesday, May 14, 19 @ 3:54 pm
Anon - The war on drugs is a failed policy that has hurt a lot of folks. Do you think there are zero military veterans that have been arrested for cannabis?

Comment by Illinois Resident Tuesday, May 14, 19 @ 4:00 pm
IR - So a military veteran should have to get arrested to get financial assistance and a competitive advantage from the State? Why don’t you think simply serving your country should create equal treatment with ex-offenders under this law?

Comment by Anonymous Tuesday, May 14, 19 @ 4:15 pm
Anon - Because I think ex offenders (whether military or anyone else) have had their lives damaged by this policy. If we make it legal, it is acknowledging that it should have never been illegal. It’s called righting a wrong.

Comment by Illinois Resident Tuesday, May 14, 19 @ 4:19 pm
IR - The Bill provides for expungement. Shouldn’t that be sufficient? Why use the law and taxpayer money to give preference and financial assistance to one group over any other? Military service is generally deemed positive way to participate in society and therefore is rewarded to encourage participation. What kind of a message does this Bill send to those who believe that other laws are unjust like taxation, for instance? Giving financial preferences and monetary assistance to ex-offenders - over military veterans - sends the wrong message to Illinois residents.

Comment by Anonymous Tuesday, May 14, 19 @ 4:30 pm
Anon - We can certainly agree to disagree. Ultimately it does not matter what we think, it matters what the legislatures ultimately can agree upon and pass.

Comment by Illinois Resident Tuesday, May 14, 19 @ 4:41 pm
It’s absurd that the police are using the argument that they wouldn’t be able to tell a 5 plant grow from a commercial operation. I assume they want in on the fast cash. 2700 fine for a plant with added court fees with the lawyers picking up some extra revenue.

Comment by Illinois res. Tuesday, May 14, 19 @ 5:06 pm
Obviously concerned about forfeiture of assests. Its pretty clear it has to be maintained with private property and remain so once harvested. They are saying they cant tell if you leave you house with it and selling it? BS. Arrest the irresponsible people people who dont follow the New Law….simple.

Comment by Hey oh. Tuesday, May 14, 19 @ 6:08 pm
- Illinois res. -

Like they cant get a copy of your electirc bill right. Hahaha…..like all the man hours that would take. FACE PALM.

Comment by Hey oh. Tuesday, May 14, 19 @ 6:10 pm
Anyone ponder that JBs support on home grow was a farse to not create enemies with something they knew they would be conceding to?

Come out and support home grow and the public wont hate you. Then we’ll retract it as a negotiation and get the bill pushed through.

Comment by Hey oh. Tuesday, May 14, 19 @ 6:29 pm
==Like they cant get a copy of your electric bill==

Not to mention the distinctive smell and the bloom on a heat-sensing camera.

Comment by Jocko Tuesday, May 14, 19 @ 6:48 pm