Possible Changes Coming for Marijuana Possession Expungement in Illinois

St. Charles drug crimes lawyer

Illinois is possibly on the verge of legalizing marijuana for recreational use for adults age 21 and older, perhaps as early as Jan. 1, 2020. This would mean residents of the state could possess up to 30 grams of cannabis and non-residents could have up to 15 grams. The decriminalization could also lead to expungement for certain marijuana possession convictions that were made based on the current laws.

Marijuana Possession Penalties 

Currently, if a person is caught with 10 grams or less of marijuana, it is considered a civil violation, which means no jail time and a maximum fine of $200. A first offense with 10-30 grams is a misdemeanor, which could result in a year in jail and up to $2,500 in fines. Anything over 30 grams is a felony, with conviction resulting in anywhere from a year to 30 years in jail and fines up to $25,000.

Those who have been caught selling marijuana could spend twice as much time in jail and incur a fine of up to $200,000. People can also be charged for possessing paraphernalia or growing marijuana. Penalties also intensify for anyone caught selling cannabis to minors or possessing marijuana near school grounds.

Possible Expungement in 2020

Although medical cannabis is currently legal in Illinois, there are still plenty of people behind bars for possessing, growing, and/or selling marijuana throughout the state. There are also many individuals who have completed their sentence but still have a marijuana conviction on their record.

Under the decriminalization law, many of those previously convicted could have their records expunged. Even before legalization is official, it may be possible for those convicted in the past to have their marijuana-related offenses expunged, especially those who were charged when they were minors.

Certain charges involving marijuana sales, supplying to minors, drugged driving, and others may not be subject to expungement. An experienced criminal defense attorney can help determine whether your record can be expunged now or in the future.

Contact a St. Charles, IL, Expungement Attorney

At the Law Office of Glenn M. Sowa, LLC, we are ready to help you seek expungement of your criminal record. With the help of a skilled Naperville expungement attorney, you may be able to erase a past mistake that has negatively impacted your employability. For help, call 630-232-1780 to schedule a free consultation.