Illinois 2023-2024 Regular Session

Illinois House Bill HB1090

Introduced
1/12/23  
Introduced
1/12/23  
Refer
2/21/23  
Refer
1/12/23  
Refer
3/10/23  
Refer
2/21/23  

Caption

CANNABIS-POSSESS NOT CRIMINAL

Impact

The bill significantly amends existing regulations under the Criminal Identification Act, as well as provisions within the Cannabis Control Act and the Cannabis Regulation and Tax Act. Notably, the bill seeks to repeal provisions that prohibited possession of cannabis, limiting the restrictions only to manufacture or production. By allowing automatic expungements, HB1090 underscores a shift towards social justice and reversing the impacts of previous criminalization of cannabis, particularly for non-violent offenders. This legislative change may also help reduce barriers to employment, housing, and other civil rights for affected individuals.

Summary

House Bill 1090, introduced by Representative Mary E. Flowers, proposes important changes to Illinois law regarding the expungement of criminal records related to cannabis possession and delivery. This bill aims to automatically expunge criminal records for anyone convicted of or serving an order of supervision for cannabis-related offenses occurring on or after January 1, 1970. The expungement process would include records of arrests and charges not initiated by arrest, thus allowing individuals previously affected by these convictions to clear their names and have a fresh start.

Contention

Discussions surrounding HB1090 have highlighted various points of contention, particularly regarding public safety and the implications of removing historical convictions from individuals' records. Critics argue that this may lead to potential challenges in monitoring re-offending behaviors, particularly in states still grappling with issues related to drug-related crimes. Furthermore, there is noteworthy concern regarding the exceptions in the bill, as individuals associated with more serious offenses such as murder or sexual assault are not eligible for expungement, which raises questions about equity in legal reconciliation.

Companion Bills

No companion bills found.

Previously Filed As

IL SB2037

Possession of marijuana or synthetic cannabinoids; amend penalties for certain convictions.

IL SB2085

Possession of marijuana or synthetic cannabinoids; amend penalties for certain convictions.

IL HB2679

Enacting the adult use cannabis regulation act to regulate the cultivation, manufacturing, possession and sale of cannabis in this state.

IL HB196

Relative to annulling certain cannabis possession offenses.

IL HB1055

EXPUNGEMENT-CANNABIS

IL H183

To increase the cannabis purchase and possession limits

IL SB50

Crimes and offenses; unlawful possession of marijuana; crime revised based on amount of ounces possessed; criminal penalties revised

IL SB285

Crimes and offenses; unlawful possession of marijuana; crime revised based on amount of ounces possessed; criminal penalties revised

IL HJR37

Amending Constitution to allow for possession, manufacture and sale of cannabis

IL HJR27

Amending Constitution to allow for possession, manufacture and sale of cannabis

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