A kindler, gentler bud

Possession may best be known as nine-tenths of the law, but when it comes to marijuana, getting caught with an eighth usually results in merely a fraction of Uncle Sam’s wrath.

Holding up to 30 grams—packaged without intent to sell—is classified as a misdemeanor. Get nabbed and you could spend a year in jail and pay $2,500 in fines. But rarely do Illinois pot enthusiasts see any real punishments when they’re caught. Springfield attorney Randy Cox says most offenders get slapped with nothing more than a small fine.

“A lot of courts are not terribly concerned about [marijuana],” Cox says. “It’s just not viewed by a lot of people as something as serious as [other drugs]. People view it sort of as a gateway drug.”

In Illinois, a “Class C” misdemeanor, or the possession of less than 2.5 grams of marijuana (roughly three or four joints), will land you in the clink for 30 days and you’ll have to pony up $1,500 in fines. The same price tag goes for “Class B” convictions of holding 2.5-10 grams (or a sandwich bag that’s about one-third full), though jail time could be as long as six months at this level. If convicted, possession of 10-30 grams of marijuana (“Class A”) could result in a $2,500 fine and up to 364 days in jail. If caught with more than 30 grams, you may get slapped with felony charges.

But don’t start frantically flushing your stash down the toilet just yet. Cox says many of these misdemeanors only cost offenders about $300-$500 in fines, and rarely escalate to the full penalty punishable by Illinois law. However, marijuana convictions generally can’t be expunged from your record, which could be a concern if, you know, you want a job.

“All of these [misdemeanors], as a potential, have jail time,” Cox says. “It varies a lot depending on the prosecuting authority and what the local judges will do.”

Though that’s not to say offenders are never penalized to the full extent of the law, he adds. While holding less than 30 grams of marijuana generally isn’t a one-way ticket to the slammer, several key factors can drastically change the outcome of a conviction. If the ganja is broken up or packaged in a way that makes it look like you intend to sell it, harsher penalties may come into play. And if prosecutors choose to explore the records of repeat offenders, there’s a greater chance they may face probation, jail time or hefty fines.

These laws nearly saw a drastic change earlier this year. Recent legislation almost put Illinois in the company of more than a dozen states that allow the use of marijuana for medicinal purposes. In July, Senate Bill 650 would have allowed patients with debilitating illnesses to have up to 12 plants and 2.5 ounces of usable marijuana, but it was defeated 22-29. The nationally based Marijuana Policy Project (MPP) supported the bill, and plans to lobby for the legislation again next year.

“We’ll be looking at the legislative calendar and figuring out what looks like the optimum time,” says Bruce Mirken, director of communications for MPP. “We’re going to be talking with the potential bill sponsors and figuring all that stuff out over the next few months.”

The organization hopes to convince legislators that the current laws are inconsistent and, at the very least, should change for patients using marijuana as medicine under the guidance of a doctor.

“There is a perception—it’s a totally wrong perception—that this is a politically risky issue and it’s not,” Mirken says. “[Penalties vary] not just from state-to-state, but also from jurisdiction-to-jurisdiction or from cop-to-cop. Sometimes you get a slap on the wrist, sometimes your life is made truly miserable.”

MPP receives a great deal of support for its position on cannabis regulation from the National Organization for the Reform of Marijuana Laws (NORML). Prior to the bill’s defeat, local NORML members helped by sending letters and contacting legislators to show support, according to Dianna Brickner, chairperson of Illinois NORML. Current marijuana laws do little to prohibit its use, she adds.

“We say let’s get rid of [the laws] altogether and make this just like alcohol,” Brickner says. “Tax it, regulate it and make it available to those of us over 21—responsible users.”