Cannabis and the Criminal Justice System
- Policy Changes
Courts are now prohibited from denying a petitioner's request for expungement solely because of marijuana drug test failure.
Persons who were White-non-Hispanic and also those who indicated there was a dispensary in the city or town where they lived were more likely to buy their cannabis from a legal source.
There has been a downward trend in number of Controlled Substance Act Arrests since 2012 but not as steep as the decline in the number of state-wide arrests for CCA violations.
As of 2021, just over half (53.5%) of Illinois cannabis users continue to purchase some or all of their cannabis from a non-legal source.
Among persons who indicated they purchased at least some of their marijuana from an illegal source, the main reasons were higher prices, dealer loyalty, not having a medical prescription, or it was simply less convenient.
CCA arrests within the Chicago tend to be in areas that do not have a nearby dispensary, particularly on the west side.
On May 27th, 2022, Illinois amended the Criminal Identification Act (Public Act 102-0933). The changes now prohibit courts from denying a petitioner's request for expungement solely because of marijuana drug test failure.
Previously, negative marijuana drug tests were required within 30 days prior to filing the petition. These changes are effective January 1, 2023.