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 Illinoisans convicted of possessing cannabis before Illinois’
2016 decriminalization law could soon see those offenses wiped from their
criminal records.
On Nov. 29, the Illinois House of Representatives voted 67-37 to pass House Bill
2367. The bill will proceed to the Senate, where lawmakers in the upper chamber
will have the option to advance the measure when they reconvene in January.
HB 2367, sponsored by state Rep. La Shawn Ford, D-Chicago, would amend the
Cannabis Control Act by allowing Illinoisans to petition the courts to expunge
cannabis offenses or guilty pleas added to their criminal records prior to
Illinois’ decriminalization of marijuana in 2016. Ex-offenders would begin to
qualify for an expungement three years following the completion of their
sentences.
The bill earned chief co-sponsorships from state Reps. Juliana Stratton, D-Bronzeville;
Jehan Gordon-Booth, D-Peoria; Emanuel Chris Welch, D-Hillside; and Thaddeus
Jones, D-Calumet City.
In July 2016, Gov. Bruce Rauner signed into law P.A. 99-0697, reducing the
penalty for possessing up to 10 grams of marijuana — about the weight of four
new pennies — to a fine of between $100 and $200. Prior to decriminalization,
the Cannabis Control Act made possession of up to 2.5 grams of marijuana a Class
C misdemeanor punishable by up to 30 days in jail. Possession of 2.5 to 10 grams
was a Class B misdemeanor under the act, and punishable by up to six months in
jail.
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However, Illinoisans convicted on marijuana
possession charges prior to the 2016 reform have seen the more
severe convictions remain on their records, potentially hurting job
opportunities.
At the end of fiscal year 2014, 672 people in Illinois prisons were
serving time for violating the Cannabis Control Act. Another 731
people were on parole for violating the act.
Rauner signed a pair of bills in August that expanded criminal
record sealing eligibility for non-violent ex-offenders and
expungement of criminal records for juveniles.
Additionally, Rauner pushed the state toward marijuana reform when
he signed into law Senate Bill 336, which expanded Illinois’ medical
marijuana program by enabling patients to access medical marijuana
in place of opioid medications. Illinois’ medical marijuana program
is set to expire July 2020. The governor signed another related bill
in August that lifted restrictions on the production of industrial
hemp.
State leaders should build on the momentum of these reforms, and
continue to advance measures that reduce barriers to employment.
When Senate lawmakers return to Springfield in 2019, they’d be wise
to send HB 2367 to the governor’s desk.
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