To date, Colorado and Washington State are the only two states that have legalized the personal possession and private use of certain amounts of marijuana. Both states have adapted their respective criminal laws to provide no penalties for anyone who possesses or uses privately less than one ounce of marijuana. Several other states, while not fully legalizing any amount of marijuana, have decriminalized the possession of smaller amounts of marijuana by eliminating any jail sentence for first time offenders.
The Illinois legislature, on the other hand, continues to have very strict marijuana laws on the books. For example, if you were charged with possessing the one ounce of marijuana that would be completely legal in Colorado or Washington, you would face penalties of up to one year in jail. If you are accused of possessing over 30 grams (just over one ounce), you can face felony charges, one to three years in jail, and fines up to $25,000. To put that in perspective, possessing over one ounce in Colorado is a petty offense carrying a fine of $100 and no possible time in jail. Many people believe it is time for Illinois to be more progressive in its treatment of those who possess small amounts of marijuana for personal use.
Proposals for Lesser Penalties
Three proposals are active in the Illinois legislature that seek to amend the state Cannabis Control Act to provide for lesser consequences for certain marijuana possessors. None of the proposals go so far as to suggest that the state legalizes any amount, however they do seek to eliminate the possibility of jail time for possessing certain smaller amounts of marijuana. All three bills are similar, with small differences in applicable amounts of marijuana that should be decriminalized. The following are brief descriptions of each: