 In 2012, Chicago City Council voted to move to civil instead of criminal
penalties for the possession of small amounts of marijuana.
Nearly four years later, the rest of the state has followed suit.
On May 18, the Illinois House voted to move Illinois to ticket-based penalties
for possession of up to 10 grams of marijuana. If the governor signs Senate Bill
2228, instead of making arrests, police will start issuing tickets ranging from
$100 to $200 per offense. Previously, anyone caught with 10 grams or less of
marijuana could have been charged with a misdemeanor, resulting in a fine of up
to $1,500 and possible jail time of up to six months. Under SB 2228, anyone
charged with the civil marijuana possession penalty would also automatically
have his or her record expunged six months after the bill’s effective date.
Moving to civil from criminal penalties for possession of small amounts of
marijuana means the state won’t continue devoting resources to keeping a number
of nonviolent offenders behind bars, and will go a long way toward Illinois’
achieving Gov. Bruce Rauner’s goal of reducing the state’s prison population by
25 percent come 2025. 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.
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- 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.
Rauner vetoed a similar proposal in 2015, which would have set
possession limits at 15 grams or less, and created maximum fines of
$125. At that time, the governor expressed willingness to sign the
bill if it was amended to lower the maximum possession amount and
increase fine amounts.
Illinois’ criminal-justice system must ensure public safety – it
must also be fair and effective. Refocusing priorities by reforming
the way the system punishes people for low-level possession offenses
will lower costs and allow police to focus on serious crimes, while
also ensuring that the state doesn’t ensnare people caught with
small amounts of marijuana in a costly and ineffective system.
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