Illinois Governor Signs Bill To Close Marijuana Expungement ‘Loophole’

The governor of Illinois not too long ago signed a invoice that will make it so courts can’t deny petitions to expunge or seal information based mostly on a constructive drug take a look at for marijuana.

Gov. J.B. Pritzker (D) signed the laws, sponsored by Rep. Carol Ammons (D) and Sen. Jacqueline Collins (D) of their respective chambers, late final month. It superior by way of the legislature in April.

The measure will revise the state’s Legal Identification Act to stipulate that courts “shall not deny a petition for expungement or sealing as a result of the petitioner has submitted a drug take a look at taken inside 30 days earlier than the submitting of the petition for expungement or sealing that signifies a constructive take a look at for the presence of hashish inside the petitioner’s physique,” a synopsis says.

“Folks trying to right their felony file shouldn’t be stopped from meaningfully taking part in society due to a constructive drug take a look at for hashish,” Collins mentioned in a press launch. “We have now to cease treating its use as grounds for dismissal with respect to jobs and petition-filing.”

“Folks deserve second possibilities, and it’s important that we afford this chance to these whose circumstances could have led them to crime,” the Senate sponsor mentioned. “This laws is particularly significant for our communities of coloration, who face disproportionate disparities within the felony justice system.”

Ammons beforehand mentioned the measure is “thrilling step ahead in closing the present loopholes that also criminalize Illinoisans for utilizing hashish years after its legalization.”

The brand new legislation takes impact on January 1, 2023.

The governor beforehand took delight in saying that greater than 500,000 expungements and pardons had been processed for folks with low-level marijuana offenses on their information in late 2020.

Nonetheless, advocates have been dissatisfied with the failed final result of the separate employment-related laws from Rep. Bob Morgan (D) and Sen. Robert Peters (D) that will have supplied protections to employees who lawfully use marijuana off the job and prevented discrimination in opposition to most job candidates who take a look at constructive for hashish.

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In the meantime in Illinois, adult-use marijuana gross sales reached almost $132 million in April, the second highest month-to-month complete for the reason that market launched in 2020 and one other signal that the state’s business is stabilizing following a stoop firstly of this yr.

The totals don’t embrace medical hashish merchandise, that are reported individually by a special state company.

Whereas Illinois broke its yearly file for hashish gross sales in 2021—with greater than $1.4 billion in hashish bought final yr—marijuana purchases dipped in January and February, following the December 2021 record-high of $137,896,859.

From final yr’s gross sales, Illinois generated virtually $100 million extra in tax income from adult-use marijuana gross sales than from alcohol in 2021, state knowledge discovered. It’s unclear what elements could have contributed to the dip firstly of this yr, or the latest rebound. Nonetheless, the unofficial hashish vacation 4/20 takes place in April, which can have pushed up gross sales.

Marijuana purchases additionally ticked up in April 2021 in comparison with the prior month, although the Might knowledge and subsequent months of final yr have been largely increased.

With respect to marijuana tax income, Illinois is utilizing a part of these {dollars} to fund fairness initiatives within the state. For instance, officers introduced in December that purposes have been opening for $45 million in new grants—funded by hashish tax cash—that may help applications meant to reinvest in communities most harmed by the drug warfare.

That marked the second spherical of funding to be issued by way of the state’s Restore, Reinvest, and Renew (R3) program, which was established underneath Illinois’s adult-use hashish legalization coverage. The legislation requires 25 p.c of marijuana tax {dollars} to be put in that fund and used to offer deprived folks with providers corresponding to authorized assist, youth growth, group reentry and monetary help.

Organizations that obtained grants by way of the preliminary R3 spherical may have their funding renewed for one more yr to make sure that they will proceed offering providers of their communities.

Final yr, in July, state officers put $3.5 million in cannabis-generated funds towards efforts to cut back violence by way of avenue intervention applications.

A state-funded initiative was additionally not too long ago established to assist residents with marijuana convictions get authorized assist and different providers to have their information expunged.

It’s some of these initiatives that Toi Hutchinson not too long ago instructed Marijuana Second that she’s most happy with as she transitioned from being Pritzker’s hashish advisor to the president of the nationwide advocacy group, the Marijuana Coverage Venture (MPP).

Delaware Home Upholds Governor’s Marijuana Legalization Veto

Photograph courtesy of Brian Shamblen.