Illinois: Researching Reefer

Jacob Redmond

Well-Known Member
As Illinois implements its long-awaited medical marijuana program, one state lawmaker is preparing for the next step: taxing and regulating recreational marijuana.

Rep. Robyn Gabel, D-Evanston, sponsors House Bill 2750, which would direct the Illinois Sentencing Policy Advisory Council (SPAC) to study the potential effects of taxing and regulating marijuana in a manner similar to alcohol. She says the bill reflects a growing consensus that marijuana should be legalized.

Four states — Oregon and Alaska being the latest — now have laws allowing the sale, regulation and taxation of marijuana for recreational use. Gabel's bill cites a 2013 Pew Research Center poll showing that 52 percent of Americans support marijuana legalization.

"I think the times are changing; people's attitudes are a little bit different," said Gabel.

The bill comes as Illinois is rolling out its medical marijuana pilot program, created by a state law passed in August 2013. The tightly controlled program required several years of negotiating with opponents by sponsor Rep. Lou Lang, D-Skokie.

A handful of bills have been introduced this legislative session to reduce penalties for possession of cannabis statewide from jail time to a ticket. Some municipalities, including Springfield, Chicago and Gabel's hometown of Evanston, already allow police to write tickets for small amounts of marijuana.

In Springfield, possession of less than 2.5 grams of marijuana or its synthetic form can result in a fine of between $300 and $500. In Chicago, the fine is between $250 and $500 for up to 15 grams. In Evanston, the fine can be as low as $50.

The marijuana ticketing ordinance has been in effect in Evanston since 2011. Springfield passed its ordinance in 2009. Gabel said she prefers not to speculate on the success of moving to fines in her city.

"I could give you my perception, but I think that it's important to be able to look at the study," Gabel said. "I think that it's important to actually do the study to look and see what would be the real effects of this. Would we end up saving money? Would we make money? What would be the effects on the criminal justice system?"

The bill itself doesn't take a position on whether marijuana should or should not be legalized — only that a study should be done. It is possible the study would reveal that the costs of taxing and regulating marijuana would outweigh the benefits, but Dan Linn, executive director of the Illinois chapter of the National Organization to Reform Marijuana Laws (NORML), says that's unlikely.

"There don't seem to be a whole lot of objective successes in the prohibition of cannabis in Illinois," Linn said.

Todd Maisch, executive director of the Illinois Chamber of Commerce, says that marijuana legalization would be a cause of concern for employers in Illinois. Maisch says employers often complain to him that it's difficult to find new hires who can pass a drug test.

Drug-free workplaces are federally defined, and employers have to meet those requirements in order to qualify for certain government contracts. The Illinois Chamber has not taken an official position on recreational marijuana laws.

Marijuana remains a "Schedule 1" controlled substance, according to the federal Drug Enforcement Agency. Attached to that label are a host of legal complications in the operation of a legal marijuana business — medical or otherwise. In Colorado, recreational marijuana dispensaries have to operate their businesses entirely with cash because any bank knowingly taking money from a marijuana business would technically be violating federal banking laws.

Linn said in many movements like this, states must take the lead over the federal government.

"The idea of the United States of America is that the states are supposed to be experiments in democracy," Linn said. "Ultimately the federal government will probably look at cannabis prohibition just like they looked at alcohol prohibition."

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News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Researching reefer
Author: Alan Kozeluh
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Photo Credit: Paul Kitagaki Jr.
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