HB 218

Illinois: Governor's Amendatory Veto Sends Pot Decrim Bill Back To Assembly For Final Approval

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Illinois Gov. Bruce Rauner on Friday issued an amendatory veto of a bill that would remove criminal penalties for possession of small amount of marijuana, sending it back to the General Assembly for final approval.

The General Assembly has 15 days from the next session date to approve the amended version of HB 218, which needs to receive a simple majority vote in the House and then the Senate to officially become law. The original version, introduced by Rep. Kelly Cassidy (D-Chicago), was approved in the Senate (37-19) on May 21 and in the House (62-53) on April 23.

Gov. Rauner’s amended version of HB 218 would make possession of up to 10 grams of marijuana a civil law violation punishable by a fine of up to $200 with no possibility of jail time, and the civil offense would be automatically expunged in order to prevent a permanent criminal record. The original version applied to possession of up to 15 grams of marijuana and set the amount of the fine at up to $125.

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, and possession of more than 2.5 grams and up to 10 grams is a class B misdemeanor punishable by up to six months in jail and/or a fine of up to $1,500. More than 100 localities in Illinois have adopted measures that reduce penalties for simple marijuana possession.

Illinois: Senate Approves Bill To Remove Criminal Penalties For Marijuana Possession

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Measure Will Be Sent to Gov. Bruce Rauner for His Signature

HB 218 replaces the threat of jail time and a criminal record with a civil penalty — a $125 fine, similar to a traffic ticket — for possession of a small amount of marijuana

The Illinois Senate on Thursday approved a bill 37-19 to remove criminal penalties for possession of a small amount of marijuana. The measure, which was approved by the House of Representatives in April, will now be sent to Republican Gov. Bruce Rauner for his signature.

HB 218, introduced in the Senate by Sen. Michael Noland (D-Elgin) and in the House by Rep. Kelly Cassidy (D-Chicago), makes possession of up to 15 grams of marijuana a civil law violation punishable by a $125 fine. Individuals will no longer face time in jail, and the civil offense will be automatically expunged in order to prevent a permanent criminal record.

“Serious criminal penalties should be reserved for individuals who commit serious crimes,” Rep. Cassidy said. “The possibility of jail time should not even be on the table when it comes to simple marijuana possession. Criminalizing people for marijuana possession is not a good use of our state’s limited law enforcement resources.”

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