Illinois Cannabis Expungement

Quintana Law Group Illinois Cannabis Expungement attorneys are keeping close attention to the laws and policies in Illinois as they are changing. Illinois residents convicted on marijuana possession charges prior to the 2016 reform have seen the more severe convictions remain on their records, potentially hurting job opportunities.

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How Cannabis Laws Are Changing

Illinois Residents convicted of possessing cannabis before Illinois’ 2016 decriminalization law could soon see those offenses wiped from their criminal records. Illinois Cannabis Expungement is a conversation that will be in the front of political conversation in 2019.

On Nov. 29, the Illinois House of Representatives voted 67-37 in favor of House Bill 2367. The bill will soon move on to the Senate, where lawmakers will have the option to advance the measure when they reconvene this month.


Reported Thursday January 24th by abc7 Chicago.

Kim Foxx, Cook County State’s Attorney, told the City Club of Chicago that she intends to support Illinois Cannabis Expungement of misdemeanor convictions. Foxx stated that expunging the records would help people trying to gain employment or housing and are struggling because of the misdemeanor charges. Foxx’s statements to the audience at the club, which included politicians and law enforcement agency officials was the first time that a Cook County top prosecutor has voiced strong support for Cannabis Expungement in Illinois.

Published on THE PATCH on March 5th, 2019.

“State’s Attorney Foxx is committed to addressing the wrongs that were caused by the failed war on drugs and fixing the harms that disproportionately affected vulnerable, poverty-stricken communities of color,”.

New legislations proposed state that obssession of between 30 and 100 grams without a prior conviction nor possession of up to 10 grams of any substance containing cannabis with the intent to deliver or manufacture it are covered under the sections noted in the policy.

Prosecutors at the 2nd Municipal District courthouse in Skokie have continued charging people with felony cannabis possession of under 30 grams when police claim they planned on distributing it. In response to requests under the Illinois Freedom of Information Act, the village of Glenview said it has no records of receiving any new policy documents, while Evanston and Skokie said they have so far been unable to locate them.

As chief county prosecutor, Foxx cannot restrict prosecutions by municipal attorneys. If a town in suburban Cook County has a local ordinance prohibiting the possession of marijuana, it may still elect to pursue a civil prosecution of those charged under the ordinance.

The state’s attorney’s office also announced plans to “proactively” push for pardons and expungements for anyone with misdemeanor marijuana convictions on their record.

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HB 2367, sponsored by state Rep. La Shawn Ford, D-Chicago, would amend the Cannabis Control Act by allowing Illinois Residents to petition for court expungement of 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.

However, Illinois residents convicted on marijuana possession charges prior to the 2016 reform have seen the more severe convictions remain on their records, potentially hurting job opportunities.

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, and also Senate Bill 336, which expanded Illinois’ medical marijuana program by enabling patients to access medical marijuana in place of opioid medications.

If you’ve been convicted of Possession of Marijuana and wish to speak to an attorney about your rights in the state of Illinois, contact Quintana Law Group right away.

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