Could Marijuana Possession be Decriminalized?

 Posted on March 18, 2014 in Criminal Defense

In an effort to address the problem of ever-growing prison populations, a recent article reported that an Illinois lawmaker is proposing lower penalties for offenses involving small amounts of some drugs. The proposal includes decriminalizing low-level marijuana possession in favor of punishing the offense with a citation comparable to a traffic ticket.

The Proposal

The proposed change, coming from Rep. Michael Zalewski, a Democrat from Riverside, is part of a recent interest in realigning the criminal justice system in order to decrease the population of inmates in prisons across Illinois. He said his plan would also include lessening the penalty for possession of small amounts of other drugs, including heroin and cocaine. The proposal as it relates to marijuana would impart a $250.00 fine for the first such offense.

According to Zalewski, the plan would not only reduce prison populations, but would also lessen the burden for law enforcement labs to test substances related to criminal cases that may get dismissed anyway. He has been a recent advocate of a number of bills aimed at reducing sentences for certain criminal offenses, in spite of his previous efforts at tougher penalties for violations of gun control laws.

Committee Approval

Although the Judiciary Committee heard Zalewski’s proposals, they did not take a vote. Zalewski is beginning to gauge support for the proposals by speaking with colleagues, and has not yet stated when he will ask for panel approval.

Prison Overpopulation

Currently, there are 49,000 individuals imprisoned in Illinois’ correctional system, which was built to hold just 32,000. State prisons regularly house about 4,500 more inmates than they are suited to hold. The proposals outlined above, as well as other similar measures, take aim at those crimes that account for a large number of inmates in state prison. Not only would the measures allow for the reduction of the prison population, but would also pave the way for harsher penalties to be enforced for more serious crimes, such as gun offenses, something Zaleski also supports.

Not only does the overpopulation of prisons pose the realistic problem of space, but also the financial and budgetary problem of overspending on the prison system. Some estimate that the amount spent is about $1.3 billion – which is a great sum, but not even enough to adequately meet the needs of the inmates currently in the system.

Working out the Details

Zaleski refrained from describing the measure as the decriminalization of marijuana, the details of which are still being defined. He said it was more of a restructuring of the criminal justice system as it related to these offenses.

Even though the proposal has not been put into legislation yet, representatives from the narcotics bureau of the Cook County State’s Attorney’s Office said those arrested for possession of about an ounce of marijuana would face a $250.00 fine for their first offense. Previously, they would have faced up to one year of incarceration. Possession crimes involving heroin, cocaine, or other drugs will have a three-year prison term associated with them instead of four.

Drug crimes can be serious offenses. It is beneficial to have an experienced criminal defense attorney in Illinois to protect your rights. Contact the attorneys at the Law Offices of Christopher M. Cosley today for a consultation about your specific matter.