The harsh penalties for possession of marijuana in Illinois have recently come under fire for a number of reasons. Many believe that charging individuals for misdemeanor marijuana possession, which is the leading arrest category in Chicago, is a waste of police time and tax dollars. Across the country, attitudes towards marijuana are shifting in favor of decriminalization or, in the cases of Colorado and Washington, legalization. Amidst these changing attitudes and the controversy over disproportionate drug crime sentencing, Chicago mayor Rahm Emanuel is voicing his support for the decriminalization of marijuana in Illinois.

Mayor Emanuel, who rose to political prominence as the White House chief of staff under President Obama, testified before the Illinois General Assembly about potentially removing the state’s strict pot ban. He told the Chicago Tribune that he believes it’s time “to free up our criminal justice system to address or real public safety challenges” and that decriminalizing marijuana would not only “save time and money” but would also “change people’s lives.” Emanuel’s statement seems to allude to the significant percentage of criminal offenders who are currently serving lengthy sentences in overcrowded prisons for non-violent drug crimes. According to the Federal Bureau of Prisons, almost half of all US prisoners are serving a sentence for drug offenses.

Emanuel also spoke about the impact a criminal conviction for possession of marijuana can have on the rest of a person’s life. Even though the crime is a misdemeanor, having a criminal record at all can significantly impact a person’s ability to go to college, get a good job, or even find a place to live. There is significant evidence that there is a huge racial disparity in arrests and convictions for drug crimes, and many of the people who find themselves facing these convictions already face major institutional barriers in creating a better life.

Where Illinois and the Rest of the Country Currently Stands on Marijuana

Emanuel’s high-profile push for the decriminalization of marijuana may signal a change in the wind for the state. Illinois has already made some small changes and last year became the twentieth state to legalize medicinal marijuana. However, even regulations on medicinal marijuana remain tight, and Governor Pat Quinn said that he was willing to sign the bill legalizing medical marijuana because it was “so tightly and properly drafted.” 23 states (including Illinois) and the District of Columbia have now made medical marijuana legal.

If Illinois does decriminalize marijuana, it will join DC and 17 states that have already done so. As mentioned above, Colorado and Washington are the only states that have actually legalized recreational marijuana, but Oregon, California, Alaska, Hawaii, Maine, and DC are beginning to look as though they will all pass legalization initiatives in the next several years.

Illinois residents should keep in mind that while attitudes are shifting in our state and nationwide, and while there will hopefully come a time when our states does decriminalize cannabis, Illinois still has some of the toughest marijuana possession restrictions and penalties in the country. If you’re charged with a misdemeanor for the possession of a small amount of marijuana, make sure that you contact a drug crimes attorney as soon as possible and fight to have the charge dropped. You don’t want a conviction negatively affecting the rest of your life.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and domestic violence.

Recent changes in Illinois law to allow people to buy, sell, and grow medical marijuana have proponents excited for the future. But even though the state has relaxed many of its laws related to marijuana, don’t make the mistake of thinking that it is completely legal now. There are still a number of restrictions in place, and you have to be careful if you don’t want to run afoul of the law and face serious consequences. One of the most important restrictions for medical marijuana entrepreneurs to know is where they can and can’t grow and sell their product.

Illinois Zoning Laws Limit the Legality of Medical Marijuana

Even though medical marijuana is now legal in Illinois, it’s not legal everywhere, and big parts of a number of communities are going to be completely off-limits. You can find maps showing where dispensaries and medical cannabis cultivation centers will and won’t be allowed here and here, though they’re not all that easy to understand.

Here are the basics of the restrictions laid out more clearly:

Keep away from schools. Dispensaries aren’t allowed to operate within 1,000 feet of a school, and cultivation centers can’t be closer than 2,500 feet.

Avoid day care centers. Much like with schools, dispensaries have to be at least 1,000 feet away, and cultivation centers at least 2,500 feet away.

Don’t go near child care facilities. The restrictions here are the same as those for the other child-based businesses above.

Skip residential neighborhoods. Unlike with schools, day care centers, and child care facilities, there aren’t any numbers here – you simply can’t have a dispensary or cultivation center at all in an area that has been zoned for residential use.

How Limiting Are These Restrictions to Medical Marijuana?

In a word: very. While technically the new medical marijuana law allows for up to 60 dispensaries and 22 cultivation centers across the state, there are so many schools and other child care facilities that the regulations effectively limit them to remote areas and small, centrally located pockets within cities. Those who want to get into the medical marijuana business in Illinois will need to be very careful and make sure that they follow the maps and go through all proper approvals before moving forward.

These regulations probably shouldn’t come as much of a surprise, since the Illinois medical marijuana law is already one of the most restrictive in the country. When compared to the almost two dozen other states that have legalized medical marijuana, Illinois is far more limited in which health conditions actually allow you to qualify. Additionally, patients will not only have to carry around marijuana ID cards, but also get a certification from their doctor saying that they can legally use marijuana.

Bottom Line: Enter the Medical Marijuana Business in Illinois Carefully

Ultimately, while our state has decided to make medical marijuana legal, it’s clear that the people in charge are taking a very cautious approach to legalization. Anyone who oversteps the bounds of the law – even by mistake – will be held accountable and possibly even prosecuted more sternly so that they can be an example to others looking to take advantage of this new law. If you thought that you were within your legal rights but find yourself charged with a drug crime related to marijuana, it’s vital that you contact an experienced criminal attorney immediately.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.

Illinois has historically taken a hard line when it comes to marijuana possession, but as the national attitude towards pot shifts, legislators in our state are slowly pushing for change. Now, three bills that would effectively decriminalize possessions of small amounts of marijuana are under consideration.

Here’s what you need to know about those three proposals:

• House Bill 5708, sponsored by Rep. Kelly Cassidy, D-Chicago, would make the possession of up to 30 grams of marijuana a “regulatory offense,” meaning it would be punishable by a fine of up to $100 and could be expunged from an individual’s record. Under current state laws, even being caught with 2.5 grams of marijuana can result in a class C misdemeanor, up to 30 days in jail, and up to a $1,500 fine.
• House Bill 4091, sponsored by Rep. Michael Zalewski, D-Chicago, would also result in a ticket for marijuana possession, but it would still be considered a criminal offense instead of a petty offense. This bill would also crack down on possession of large amounts of marijuana near a school, making it a class X misdemeanor that is punishable by up to 30 years in prison and a fine of $200,000.
• House Bill 4299, sponsored by Rep. Christian Mitchell, D-Chicago, would reduce the possession of up to four marijuana plants from a class A misdemeanor to a petty offense with a fine of $100. Having between five and twenty plants would also be reduced from a class 4 felony to a class A misdemeanor.

While none of the three bills would fully legalize marijuana in Illinois, they would at least change the definition of marijuana from a dangerous drug to contraband, making it easier for those caught with a small amount of marijuana in their possession to avoid a criminal charge that could influence the rest of their life.

Why Legislators Are Pushing for Marijuana Regulation Changes

There are several good reasons why legislators are rethinking marijuana possession policies in Illinois.

Charging marijuana possession as a misdemeanor wastes state money and time. Misdemeanor marijuana possession is currently the leading arrest category in Chicago and accounts for as much as 46,000 hours of police time and $23 million in tax dollars. And that’s just in Chicago—according to the ACLU, the state of Illinois spends $200 million on low-level marijuana busts every year.

There are racial disparities in marijuana possession charges. It’s impossible for police to catch everyone who uses pot, and the arrests that are made show that there’s a huge racial disparity in who is being charged, with black people being 3.7 times more likely to face a marijuana charge than white people in spite of similar usage. A 2013 ACLU report found that there were racial biases in marijuana arrests all over the country, but Chicago has one of the biggest racial disparities in the country.

Marijuana charges have a far-reaching social and economic impact. While Colorado and Washington have legalized recreational marijuana and many other states have taken steps to decriminalize it, possessing any amount of marijuana in Illinois could currently result in a permanent criminal record that would make it difficult for an individual to take out student loans, find housing, or seek many employment opportunities. A conviction for such a minor and widespread offense could essentially limit an individual’s ability to be a contributing member of society.

Laws Evolve as National Attitudes Change

With Washington and Colorado demonstrating how marijuana legalization can benefit their states without leading to any kind of “pot use epidemic,” more states are beginning to rethink their legislation related to marijuana possession. Even President Obama commented in The New Yorkerthat he believes pot is less harmful than alcohol and supports legalization in Washington and Colorado because it’s important to not just selectively punish a few people for something that many people are doing.

Although Illinois legislation is moving slowly, the three new marijuana possession bills, as well as new state rules to allow medical marijuana, at least indicate that there has been a sea change in the way our state is handling marijuana possession cases.

In the meantime, if you are charged with marijuana possession anywhere in the state of Illinois, it’s imperative that you contact an experienced drug crimes attorney as soon as possible. Don’t let a minor offense result in a disproportionate sentence and a criminal record that could affect the rest of your life—fight to get the charge against you reduced or dropped altogether.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.