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 Illinois is set to become the 11th state to allow its residents
to use cannabis with or without a medical marijuana card.
On May 31, the Illinois House of Representatives passed House Bill 1438 by a
66-47 vote, with two lawmakers voting “present.”
The House may now send the bill to the desk of Gov. J.B. Pritzker, a vocal
supporter of marijuana legalization.
HB 1438 would allow all Illinois adults aged 21 and older to possess up to 30
grams of marijuana. Those using marijuana for medical purposes would be allowed
grow marijuana at home. But recreational users would still be banned from
growing.
The bill also includes expungement provisions for those arrested for marijuana
possession prior to decriminalization. People convicted for possession of under
30 grams of marijuana prior to legalization – as long as those convictions were
not associated with a violent crime – would have their records referred to the
state’s Prisoner Review Board and then to Gov. J.B. Pritzker for a pardon. If
the governor grants the pardon, the Illinois attorney general would then seek
expungement. Those convicted for between 30 to 500 grams would have the option
of petitioning for expungement themselves. Local state’s attorneys could also
pursue expungement for those convictions on a case by case basis.
“The most historic aspect of this is not just that it legalizes cannabis for
adults but rather the extraordinary efforts it takes to reduce the harm caused
by the failed war on marijuana and the communities it hurt the most,” state Sen.
Toi Hutchinson, D-Olympia Fields, said during a Senate floor debate, according
to the Chicago Sun-Times.
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As of June 30, 2017, 372 people were serving prison
sentences on cannabis charges in Illinois, and 360 on parole,
according to the Illinois Department of Corrections’ Fiscal Year
2017 Annual Report.
The bill would also create a system of licensure
for those looking to cultivate and dispense marijuana in the
marketplace, but not without heavy startup costs. On top of a
$100,000 application fee, dispensaries would pay a Cannabis Business
Development Fee amounting to the lesser of 5% of the company’s total
annual sales or a flat $750,000 – “but at not less than $250,000.”
State law has allowed Illinoisans to possess small amounts of
marijuana without criminal penalty since July 2016, when Gov. Bruce
Rauner signed into law Illinois’ decriminalization bill, which
automatically expunged civil citation records of anyone charged with
possessing 10 or fewer grams of marijuana before that law.
If the House advances and Gov. J.B. Pritzker signs HB 1438, Illinois
would become the 11th state in the nation to legalize recreational
marijuana, and the second in the Midwest. In 2018, Michigan voters
approved a referendum to legalize marijuana.
Gov. J.B. Pritzker has long advocated for marijuana legalization,
suggesting a strong likelihood the governor is prepared to greet HB
1438 with his signature should it reach his desk.
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