Marijuana – Trailer Bill Issues 

October 24, 2019

We have been collaborating with the Illinois Sheriffs' Association and others all summer to talk about what we might be able to get changed this fall, even before marijuana becomes legal on January 1, 2020. Here are the issues we are hoping to get into a trailer bill next week: 

• Prohibit off-duty use for law enforcement
  As written now, the law makes it difficult, even illegal, for a law enforcement agency to prohibit off-duty use. We want that option to prohibit off-duty use by law enforcement officers to be clear, with new language. There would be considerable problems if an officer uses cannabis off-duty and would still have THC in one’s system when involved in a serious use-of-force incident or officer-involved shooting. We want the ability to restrict intentional use for sworn officers.
  
  
• Include Chiefs, Sheriffs on DUI Task Force
  We want to add the Illinois Association of Chiefs of Police and Illinois Sheriffs’ Association with official appointments to the new Cannabis DUI Task Force, which is being overseen by the Illinois State Police. That task force will consider such critical issues as saliva tests, and we want to be part of the discussion.
  
  
• Clarify definition of “possession”
  The law allows possession of 30 grams of raw cannabis; cannabis-infused product or products containing a total of no more than 500 mg of THC; and 5 grams of cannabis product in concentrated form. Was your intention and or or? We suggest not allowing possession of the maximum amounts of each type.  The restrictions of vehicle transport (container type and limit) should apply to all transport.
  
  Also the law seems to allow smoking cannabis on front porches. Was that the intention? We seek clarification in the “public place” language.
  
  
• Possession for youth
  The law makes possession for youth a civil offense. We believe this should be strengthened so that use by youth is penalized similar to the way alcohol use results in more severe penalties.
  
  
• Expungement questions and issue
  After a cannabis offense is expunged: 

• How does that that relate to other charges in the same incident? How can records with multiple offenses be expunged if they are on paper, microfilm or microfiche? The other record needs to be preserved.
• How can you determine if a person qualifies for a cannabis program if there is no longer a record of their conviction?
• Language should be added to remove liability from law enforcement for unintentional or inadvertent failure to comply.