Council lowers cannabis fines
January 19, 2017
DeKalb | On Jan. 1, DeKalb decriminalized the possession of up to 10 grams of cannabis.
“I’ve definitely heard about [cannabis] on the news, how it’s getting legalized,” Christina Edmunds, sophomore computer science major, said. “As long as people [who] use it are safe with it, I don’t see a problem.”
Last July, Gov. Bruce Rauner signed Senate Bill 2228, which amended the Cannabis Control Act, making “possession of 10 grams or less of cannabis … a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200,” according to the bill. Prior to the bill’s signing, possession of up to 10 grams of marijuana was considered a Class B misdemeanor. Individuals could face up to 180 days in jail as well as a $1500 fine.
In November, the DeKalb County Board unanimously adopted the establishment of the DeKalb County Possession of Cannabis and Possession of Drug Paraphernalia Ordinance, which mirrors the amendments made in SB2228.
“The city of DeKalb was one of the legislative bodies to address the possibility of raising the threshold,” DeKalb Mayor John Rey said. “I’m not sure if we were the only municipality in the county of DeKalb to address it, but I suspect we may have been because I have the recollection that we were on the threshold of that legislation being done at the state level.”
When Rauner signed SB2228, chapter 52 of the DeKalb Municipal Code stated no person shall possess cannabis, and violations resulted in a minimum fine of $750 and a maximum of $1000.
During a September meeting, city council discussed raising the amount of marijuana possession for civil violations and lowering fines associated with the offense.
Rey said many of the alderpersons have received positive feedback from individuals in the community who support raising the threshold for the legalization of marijuana.
During the meeting, Sixth Ward Alderman Dave Baker said DeKalb should go even further than decriminalization.
“Why can’t we… make DeKalb and NIU a safe haven, so you don’t end up with a criminal record, if that’s what you want to do,” Baker said during the meeting. “How far can we push it? Why don’t we just make it legal here?”
Baker said he believes public safety is more important than collecting fines for an offense that is not as stigmatized as it once had been. He also believes the city would benefit from economic growth.
The ordinance could increase students’ eligibility for financial aid, as FAFSA forms ask if an applicant has been convicted for the possession or sale of illegal drugs while receiving aid.
“If they’re no longer prosecuting for [cannabis possession], then that may allow some more people to possibly be eligible for financial aid who might not have been in the past,” financial aid officer Kyle Tichy said. “I definitely wouldn’t encourage people to be [possessing cannabis], but it’s not really going to hurt them if the city of DeKalb is not prosecuting it anymore.”
Amends were also made to the Drug Paraphernalia Control Act. Possession of drug paraphernalia is now a civil offense if the individual arrested is in possession of 10 grams or less of cannabis.
Manufacturing and selling marijuana remain criminal violations.
“I believe raising the threshold of the legalized quantity will relieve an unreasonable and unnecessary burden of trafficking, but it still allows the authorities to deal seriously with dealers having larger quantities,” Rey said.