Katelyn Baker
Well-Known Member
Peoria - Local attorney Jeff Hall said new laws regarding how much marijuana must be in a person's system before he is considered impaired are long overdue.
Last week, Gov. Bruce Rauner signed a measure that got rid of the "zero tolerance" laws regarding marijuana and the state's DUI laws. Before, any amount of pot in the body rendered a person guilty of driving under the influence. The new measure states a person must have at least five nanograms or more in their blood before such a charge can be considered. That's a big change, said Hall, who helped write the DUI section of the new marijuana possession law.
"In the past, if there was an accident and there were victims there, they were looking for an explanation or looking for someone to blame," he said. "They basically found a way to assign blame, even though we were punishing someone for being under the influence when they really were sober.
"They had a metabolite in their body. It was just there. They were using the driving while impaired statute when people weren't impaired."
The changes will not affect those who have commercial driver's licenses, or CDLs. And the zero tolerance laws for other drugs such as cocaine, heroin and methamphetamine, remain in place.
Another change is the amount of marijuana a person can possess before being charged criminally. Under the legislation, those caught in possession of 10 grams or less of marijuana would face a fine of up to $200. Prior to that, such amounts could result in a misdemeanor conviction, probation or even jail time. Now, less than 10 grams is considered a petty offense, a civil, not criminal matter.
State's Attorney Jerry Brady said the law also changed the amount required for a felony. Prior to the new law, anyone convicted of having more than 30 grams of marijuana could face up to three years in prison. Now, that felony threshold has been pushed up to 100 grams or more, he said.
"I don't think this will have a major impact on law enforcement here in Peoria County," he said.
That's because, he said, many who faced a charge of possession of 10 grams or less usually were given court supervision, a form of non-reporting probation that, if completed, meant a person had no conviction.
Bartonville police Chief Brian Fengel said his village has decriminalized marijuana possession for about 10 years. It's an ordinance violation to have pot in Bartonville and depending upon how much a person has, there's a sliding scale for fines. However, if a person has felony weight - more than 100 grams when arrested - it's likely the case will go to the Peoria County State's Attorney's office.
"We enacted this so that we could prosecute with our own ordinances," the chief said. "It keeps the jails open for more serious offenders."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Peoria Defense Attorney Welcomes Change In Marijuana Laws
Author: Andy Kravetz
Contact: 309-686-3114
Photo Credit: Seth Perlman
Website: Journal Star
Last week, Gov. Bruce Rauner signed a measure that got rid of the "zero tolerance" laws regarding marijuana and the state's DUI laws. Before, any amount of pot in the body rendered a person guilty of driving under the influence. The new measure states a person must have at least five nanograms or more in their blood before such a charge can be considered. That's a big change, said Hall, who helped write the DUI section of the new marijuana possession law.
"In the past, if there was an accident and there were victims there, they were looking for an explanation or looking for someone to blame," he said. "They basically found a way to assign blame, even though we were punishing someone for being under the influence when they really were sober.
"They had a metabolite in their body. It was just there. They were using the driving while impaired statute when people weren't impaired."
The changes will not affect those who have commercial driver's licenses, or CDLs. And the zero tolerance laws for other drugs such as cocaine, heroin and methamphetamine, remain in place.
Another change is the amount of marijuana a person can possess before being charged criminally. Under the legislation, those caught in possession of 10 grams or less of marijuana would face a fine of up to $200. Prior to that, such amounts could result in a misdemeanor conviction, probation or even jail time. Now, less than 10 grams is considered a petty offense, a civil, not criminal matter.
State's Attorney Jerry Brady said the law also changed the amount required for a felony. Prior to the new law, anyone convicted of having more than 30 grams of marijuana could face up to three years in prison. Now, that felony threshold has been pushed up to 100 grams or more, he said.
"I don't think this will have a major impact on law enforcement here in Peoria County," he said.
That's because, he said, many who faced a charge of possession of 10 grams or less usually were given court supervision, a form of non-reporting probation that, if completed, meant a person had no conviction.
Bartonville police Chief Brian Fengel said his village has decriminalized marijuana possession for about 10 years. It's an ordinance violation to have pot in Bartonville and depending upon how much a person has, there's a sliding scale for fines. However, if a person has felony weight - more than 100 grams when arrested - it's likely the case will go to the Peoria County State's Attorney's office.
"We enacted this so that we could prosecute with our own ordinances," the chief said. "It keeps the jails open for more serious offenders."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Peoria Defense Attorney Welcomes Change In Marijuana Laws
Author: Andy Kravetz
Contact: 309-686-3114
Photo Credit: Seth Perlman
Website: Journal Star
