Kane prosecutor working to implement new marijuana possession law
Kane County State's Attorney Joe McMahon says his office is working to implement a new law signed by Gov. Bruce Rauner last week, which decriminalizes marijuana possession, in a way that is fair to all.
"The right thing to do is to provide consistency with the new law and cases that are pending at this time," McMahon said Wednesday during his monthly media briefing.
The new law, which took effect Friday when Rauner signed it, makes possession of 10 grams or less of the drug a civil offense, punishable with a fine of up to $200, instead of a criminal misdemeanor, which is punishable by up to 364 days in jail.
The new law also sets a standard for what's considered too impaired to drive.
Before, Illinois had a zero tolerance approach, meaning any trace of THC - the psychoactive compound in marijuana - found in a driver's system automatically meant the driver was impaired. Prosecutors did not need to prove impairment in court, only that the driver had THC is his or her body. Activists contended this was unfair, saying THC can remain in a person's body for several weeks after use.
The new law makes the standard 5 nanograms of THC in a driver's blood within two hours of consumption, and prosecutors must prove impairment in court.
McMahon said his office will evaluate pending marijuana cases on an individual basis, perhaps dropping charges and assessing fines according to the new law.
With the state decriminalizing certain marijuana offenses and many area cigarette shops selling pipes and other paraphernalia for "tobacco use only," could this encourage teens to experiment more?
"I hope that's not the message. And I hope that's not the impact of the General Assembly's decision to decriminalize very small amounts of marijuana possession," McMahon said. "That's the law they passed. That's my challenge - to implement this in a way that's fair but still emphasizes the consequences to drug and alcohol consumption."
Last year, Rauner vetoed a bill that would have made possession of up to 15 grams a civil offense punishable with a fine of up to $125. Lawmakers also proposed that the standard for a marijuana DUI be 15 nanograms, but some law enforcement officials and public safety advocates noted that was three times the 5 nanogram threshold set by Colorado and Washington, two of the first states to make marijuana legal for recreational use. McMahon had called the 15-nanogram threshold "excessive."