Great question. On May 26, 2019, the Illinois General Assembly passed a bill, which will be sent to Governor Pritzker for signature, that allows a consumer to buy cannabis for recreational use, so long as they do so from a State licensed seller and meet the 21 year age requirement.
What is the Current Illinois Cannabis Law?
This is a change in Illinois law. Currently only those holding a “medical marijuana card” can make such purchases legally. This development creates the question of what happens to those who have a prior cannabis conviction.
So What Happens to My Prior Cannabis Conviction?
For those who were convicted for possessing under 30 grams, their records will automatically be referred to the Illinois Prisoner Review Board. This body makes recommendations on clemency (known by most as a “pardon”).
For those convicted of possession between 30-500 grams, you will need to retain an attorney. Your attorney can help you file the Petition for Clemency with the Prisoner Review Board.
Those who file petitions and have not had any additional legal issues will have a strong case. Those who have subsequent convictions, distribution convictions or violent offenses related to the possession of illegal substances will have a much more difficult time.
When Will the New Law Take Effect?
It is anticipated that Gov. Pritzker will sign the bill into law to take effect January 1, 2020.
Schierer & Ritchie, LLC helps people with expungement and sealing of records and petitions for clemency. Pleasecontact our office today for a free consultation.
