Marijuana Legalization and Technicalities

There have been a lot of helpful guides and explanations of how the legalization of marijuana in Illinois at the first of the year may still have a hitch or two for those who wish to partake. WILL had a helpful Q&A interview on basics like public consumption not being allowed:

Essentially, you will not be able to openly consume outdoors and in public any more than you can alcohol. So, you have to be in an establishment so there will be some dispensaries that will be allowed to have a consumption area and there will be existing retail tobacco stores along the lines of hookah lounges and cigar bars that will also be able to add marijuana to their ability to consume.   There are a lot of worries about people walking through big huge puffs of smoke outside and that is not allowed. There is no public consumption drawn into the bill.

And on state penalties:

If you're over the legally allowed limit, and if you are under age, so this is only legalized for people over the age of 21. And so there are penalties for underage consumption and there are penalties for (possession) over the  legally allowed limit. This is still illegal federally. So, on federal property, there can still be absolute bars to being able to consume in those places.  We have to be very wary. So yes, this is for the most part at this stage right now in the beginning, private. [Under the law, minors cannot be incarcerated for marijuana convictions.]

That full interview and radio segment available here. A more straightforward legal rundown was put out by WILL yesterday here. WCIA had a shorter overview here with a video segment. Tom's Mailbag had an explanation dispelling concerns about purchase monitoring locally or by the State here. Local police are, of course, still warning against driving while under the influence of this or other drugs.

Illinois State Police have tried to dispel rumors that legal marijuana purchases will affect one's Firearm Owner ID (FOID) card eligibility or affect one's right to own or posses firearms:

State and local police say purchasing legal marijuana will not have any impact on your ability to own or possess a gun in Illinois.

Social media posts claim that marijuana dispensaries will be checking IDs of customers and then turning that information over to the state… which will then use that as a basis to revoke FOID cards. But a state police spokesperson says buying marijuana legally will not be used to take away a FOID card, although someone could lose the card if it’s shown they are addicted or a “habitual user” of any drug, including pot.

State police also say it’s illegal for dispensaries to collect or store personal information about recreational cannabis users.

From a WMAY blurb here. The rumors to the contrary have been in local media such as this WCCU article and this one from WAND.

As the News-Gazette pointed out on Sunday, employers are still allowed to set their own drug policies and can enforce them regardless of the legal changes. They go through a great deal of local government employers, from school districts to local government agencies that have maintained their restrictions on marijuana use. Excerpt:

Some employers will consider off-duty marijuana use none of their business unless it interferes with an employee’s job performance.

Some plan to continue zero-tolerance and drug-free workplace policies that include drug testing.

“Employers are very concerned about safety in the workplace,” said Jay Shattuck, executive director of the Employment Law Council of the Illinois Chamber of Commerce.

Illinois employers struggling with how to handle the coming of legal recreational marijuana come Jan. 1 should pay attention to these two things, he said: The policies they set for their employees with respect to marijuana use should be both reasonable and non-discriminatory.

Full article with a lot of information here. So far the two local dispensaries are prepared for a busy first of the year. The News-Gazette had details on their plans on giving priority to medical card holders, hours, etc:

Both local dispensaries are preparing for a crowd and lines at the door.

“I’ve been told that people plan on camping out,” said Brendan Jolly, an employee at NuMed, 105 E. University Ave., U.

If you’re a later riser, Sunnyside, the new name for Phoenix Botanical at 1704 S. Neil St., C, will remain open until 10 p.m. on New Year’s Day. NuMed Urbana will stay open until 6 p.m.

Purchases at both dispensaries will be on a cash-only basis, their owners said. And medical marijuana customers will have first priority for the available supply.

That full article here.

The cities where the dispensaries are, Champaign and Urbana, have generally aligned their marijuana laws with reduced fines and consumption rules (more on that at a recent Cheat Sheet post here). The News-Gazette had an update since that post on Champaign ensuring that it's fines would remain local ordinance violations as opposed to a State offense with a risk of jail time:

Two weeks before recreational marijuana becomes legal statewide, city council members signed off on updates to the city code to bring Champaign’s cannabis ordinances in line with Illinois law.

“It doesn’t make anything unlawful that is not unlawful under the state law,” Champaign Assistant City Attorney Kathryn Cataldo said.

If the city had removed the ordinance violations related to cannabis, penalties — such as for underage use — would have become state criminal offenses.

This allows police officers to issue ordinance violations instead, which come with a fine but no jail time.

That full article here. Smaller towns (such as Savoy) have opted to prohibit dispensaries in their jurisdictions. Unincorporated areas in the County were a point of contention in Environmental and Land Use Committee meetings (Cheat Sheet post on that here). Eventually the County Board sent the issue back to the ELUC committee to hammer out a compromise that would allow flexibility away from towns that wanted to maintain a prohibition in their area. There was coverage of County Director of Planning and Zoning John Hall's compromise plans in the News-Gazette earlier this month:

What he plans to send back to the committee to consider will be a change in the county zoning ordinance that would, essentially, prohibit marijuana businesses within the mile-and-a-half zones of communities where these businesses aren’t wanted.

The other major part of the proposed compromise would be allowing marijuana businesses in unincorporated areas that are within a mile and a half of cities and towns that plan to allow those businesses to operate, Hall said. But, he said, the county’s regulations in these particular unincorporated areas would need to match those established in the communities they surround.

Since this would require a change in the county zoning ordinance, Hall said, it would have to go through the Environment and Land Use Committee and the proper public hearing process before the Zoning Board of Appeals to give the public a say.

The article, available here, goes into the potential timeline and the relative slow speed of the application process on why there isn't any concern of a dispensary popping up in the mean time.

I still haven't heard any updates on a set date and details on the public event being planned by Parkland College Police on marijuana legal issues announced at the Champaign Community Coalition. When I get more information on that I'll be sure to share it.