Every driver fears seeing the red and blue lights in their rearview mirror, but how much do drivers in Illinois have to shell out if they are found to be speeding?
While the ticket itself can be expensive, what it does to a person’s insurance rates can really be what hurts their wallet. True costs of speeding tickets in the state can reach up to $1,124, according to NerdWallet . While the ticket itself might only be $164, it could lead to three years of high insurance rates.
A 40-year-old driver in Illinois that has had a recent speeding conviction could pay 27.5% more for their full coverage car insurance on average. Even if the driver was only going 16 miles per hour over the speed limit, they might be paying an extra $320 a year. That rate hike is usually steeper for younger drivers. For example, a 25-year-old full coverage could pay an additional $364 per year after their first speeding ticket.
Those that are found to be speeding can plead guilty and pay to go to traffic safety school to avoid a conviction. However, those schools costs differently depending on where the person is at. Drivers in Cook County have to pay an additional $46 on top of their ticket to even enroll in traffic safety school.
Marijuana was made recreationally legal in 2020 in Illinois, leading many residents to hit up their local dispensary and purchase the plant. However, they may still be wondering how much they can have at a time.
The amount of marijuana that a person can have depends on if they are from, or out of, the state, according to the State of Illinois . Residents are able to purchase much more product from an Illinois dispensary then people from out of the state can.
Illinois residents are able to have 30 grams of cannabis flower, five grams of cannabis concentrate and no more than 500 milligrams of THC contained in a cannabis-infused product. Residents in the medical cannabis pilot program may have more than 30 grams of flower, but only if it is grown and secured in their residence under certain conditions.
People from out-of-state can come into Illinois to visit a dispensary, but the amount that they will be able to purchase is greatly reduced. Non-Illinois residents can have 15 grams of cannabis flower, 2.5 grams of cannabis and no more than 250 milligrams of THC contained in a cannabis-infused product.
Key Points
Marijuana in Illinois is legal for medical and recreational purposes.
Illinois residents must be 21 years and above to possess or use marijuana without a prescription. Medical patients below 18 years can only purchase weed through their designated caregivers.
The marijuana possession limit in Illinois is 30 grams of cannabis flower at a time for recreational use. For medical use, registered patients or caregivers can only buy up to two and half ounces of weed within 14 days.
Illinois marijuana laws allow registered patients to cultivate up to five mature plants while recreational users are prohibited from growing cannabis at home.
Residents who violate marijuana laws in illinois often face charges ranging from one year jail term or $2500 fine to 7 years jail sentence or $100,000
Is Marijuana Legal in Illinois?
Yes. Illinois legalized medical marijuana for qualified medical patients in 2014, while recreational marijuana became legal in early 2020. It is the 11th state to legalize recreational cannabis and the first to do so by an act of legislation instead of a ballot initiative. The legislation, known as the Illinois Cannabis Regulation and Tax Act, followed HB 1438 approval by the Illinois General Assembly.
Adults aged 21 and older can purchase marijuana products in Illinois with or without medical marijuana cards from licensed marijuana dispensaries. There is, however, a legal limit to what they can possess per time, depending on marijuana form. Adults can have 5 grams of cannabis concentrate and about 1 ounce or 30 grams of cannabis flower on them. The legal possession limit of marijuana-infused products such as edibles, salty snacks, entrees, and tinctures is 500 milligrams of THC. Out-of-state visitors can only possess half of these amounts legally. In Illinois, licensed recreational marijuana dispensaries are not permitted to sell a mix-pack of cannabis concentrates, cannabis buds, and cannabis-infused products. It means that consumers can only buy each marijuana product separately.
With a doctor’s recommendation, medical patients registered with the state may legally consume medical marijuana per the Compassionate Use of Medical Cannabis Pilot Program Act. The qualifying medical conditions for medical marijuana in the state include Autism, Anorexia nervosa, cancer, chronic pain, glaucoma, HIV/AIDS, migraines, and hepatitis C. Others are Neuropathy, spinal cord disease, fibrous dysplasia, lupus, and post-traumatic stress (PTDS). Illinois permits medical marijuana patients to grow five plants at a time for personal use, provided they are in a locked facility. However, it prohibits non-patients from growing the plant at home, and anyone who violates this risks a civil penalty of $200.
Illinois Marijuana Laws in 2022
Since the legalization of recreational marijuana in Illinois in 2020, Illinois lawmakers have made several legislative moves to ensure the growth of the marijuana industry. There have been some notable setbacks that the 2021 House Bills are trying to fix and introduce more diversity to the state’s marijuana industry. The Illinois marijuana industry is currently being regulated by:
This Act legalized the lawful use of cannabis for persons 21 years and older, and it stipulates that consumers be taxed like alcohol. Per this Act, consumers must show proof of age before purchasing marijuana or marijuana-infused products. It prohibits the selling, distributing, or transferring of cannabis to minors and persons under age 21 years. The Act emphasizes that persons who pay their taxes regularly are those that will have the permission to conduct sales of cannabis in the state. It also forbids driving under the influence of marijuana. The Cannabis Regulation Tax Act limits the adult legal possession of cannabis-infused products to no more than 500 milligrams of THC, 30 grams of cannabis flower, and 5 grams of cannabis concentrates. By this Act, persons under 21 years possessing cannabis are guilty of a civil law violation. It equally makes provisions for the preparation of cannabis-infused products and assigns the Illinois Department of Agriculture to regulate the production of these products. The Cannabis Regulation Tax Act created the Cannabis Task Force to ensure that marijuana is kept off the highways. It recommends arrest for DUI for any person caught driving with 5 nanograms or more of THC in their blood.
The General Assembly, through this Act, acknowledges the effects of marijuana and recognizes the potential damages that may result from using cannabis. They also realize that previous legislation enacted to prohibit the use of marijuana usually ends up attracting more Illinois residents to consume the drug instead of deterring its further use. In the general interest of the welfare of Illinois residents, this Act established a fair penalty system for commercial traffickers and large-scale marijuana vendors. It provides flexibility in the sentencing discretion of the courts. It also institutes penalties in a sharp progression depending on the number of substances containing marijuana involved in each case.
The purpose of this legislation is to check the increasing incidence of drugs and dangerous substances abuse and the consequential health and welfare damages to Illinois residents. It created a control system over the use and distribution of controlled substances purposely to:
Prevent the illegal and destructive abuse of controlled substances
Recognize the functional variations between the several types of controlled substances, including marijuana, and allot corresponding degrees of control over each
Limit access to controlled substances only to persons who have proved an appropriate sense of responsibility and have legitimate reasons to possess them
Penalize illegal traffickers and profiteers of controlled substances heavily
Provide law enforcement with the required resources to enforce this control system
Persons who violate this Act in terms of illicit possession, manufacture, possession with the intent to deliver, or delivery of controlled substances may suffer multiple convictions under each Section of the Controlled Substance Act.
The following are Illinois marijuana bills in the 2021 legislative sessions:
HB 1443 was created to address the shortcomings in the 2019 Cannabis Regulation and Tax Act that legalized recreational cannabis, particularly at ensuring better racial diversity in Illinois’ marijuana licensing process. The legislation creates three marijuana lotteries to ensure equity for all persons including the brown and black community, otherwise referred to as social equity applicants.
According to this bill, social equity applicants deserve a decent chance to make a profit by getting access to lucrative business locations. They will not be subject to rules demanding marijuana sellers to cite their dispensaries at least 1,500 feet apart. This bill was sent to the Governor on June 26, 2021, for assent and eventual passage as law. On July 15, 2021, the Governor announced the signing of the bill, which is to take effect immediately.
The first marijuana licensing lottery, with 55 available slots, is strictly for qualifying applicants. Another 55 licenses slot is exclusively for social equity applicants who have or whose close relatives have a prior marijuana conviction or who have spent at least ten years living in a “disproportionately impacted region.” A third licensing lottery will award an additional 75 licenses to “tied applicants,” or people who may have been granted a license but were unable to obtain one because their license application scores were tied with those of another applicant or applicants. In 2022, the Illinois Department of Financial and Professional Regulation(IDFPR) issued a total 185 dispensing licenses to qualified persons in line with the Bill.
This bill seeks to legalize all cannabis possession in Illinois, irrespective of the amount. Under current state law, possession of fewer than 30 grams of marijuana flower is allowed and persons caught with more than this amount face penalties. HB 3085 aims to remove all existing criminal penalties for possession of any amount of marijuana and automatically expunge criminal records for persons convicted of similar offenses. The bill passed the second reading on April 21, 2021, on the House floor and was re-referred to the Rules Committeeon April 23, 2021.
Although introduced in 2021, this bill was eventually passed by the house on March 3, 2022. The purpose of the Bill is to defend cannabis users against workplace discrimination. According to the legislation, an employer cannot reject a job application or fire an employee because the results of a drug test showed that the applicant has THC in their system.
In its revised form, the Bill would safeguard employees who use legal products i.e., legal marijuana away from their workplace during off-duty times and while they are not on call. The measure would neither add any new protections to the state’s workers’ compensation statute nor provide any rights for employees of organizations that are contractors for the federal Department of Transportation. The Bill is currently assigned to the Senate Executive Committee.
Timeline of Cannabis Law in Illinois
1931: Adult-use marijuana became illegal in Illinois as similar legislation spread in different states across the US.
1978: Successful passage of the Cannabis Control Act of 1978, which permits marijuana for medical patients. However, the Act could only be in effect through approval and further regulations from two major state agencies: the Illinois Department of Human Services and Illinois State Police. Unfortunately, these agencies provided no regulation making the Act ineffective.
2013: Three decades after the 1978 Act, Illinois legislators passed the Medical Cannabis Pilot Program Act (MCPP) of 2013. Signed by the Governor in August 2013, the Act legalized medical marijuana for qualified patients in tightly regulatory circumstances. With the Act, which came into effect on January 1, 2014, Illinois became the 20th state with an active legal framework for medical cannabis.
2016: Introduction and approval of Senate Bill 2228 to decriminalize simple marijuana possession. Approved in July 2016, the new law was designed to reduce penalties for cannabis possession below 10 grams from misdemeanor charges to a $100–200 fine. The law, which became effective after the Governor’s approval, also establishes the blood THC limit for marijuana DWI at 5 nanograms/ml.
2018: Introduction and approval of the Illinois Hemp Act of 2018, which allows hemp/CBD cultivation, processing, and sales. After approval, individuals who meet specific criteria as set by the law received hemp licenses and this had a positive impact on the Illinois cannabis market.
2019: Illinois Governor signs the Cannabis Regulation and Tax Act, which legalizes adult-use marijuana. The Act, which permits up to 30 grams of recreational weed, went into effect in January, 2020.
2020: The Governor issued a state pardon for more than 9000 persons with low-level marijuana conviction history. In addition to that, the executive order will expunge 450,000+ non-felony marijuana-related arrest records.
Federal Legalization of Weed in 2022
Marijuana is still illegal in the US despite the legal status in Illinois and other individual states. However, US citizens can possess and cultivate low-THC cannabis (cannabis with not more than 0.3% THC) like hemp and CBD oil thanks to the 2018 Farm Bill. The US House of Representatives and Senate are also working on different bills to legalize marijuana use across the country. The Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act of 2019 introduced by the legislators aim to:
Change all cannabis references in the federal law to ‘marijuana.’
Remove cannabis from drug schedulesunder the Controlled Substances Act of 1970.
Remove federal criminal charges related to cannabis possession.
Expunge past marijuana conviction history.
Allow other US states that have legalized cannabis to continue without federal restrictions.
Prevent marijuana-related immigration charges and punishments for non-citizens.
Stop wrong discrimination of marijuana consumers who qualify for government benefits, federal jobs, and school loans.
Place a 5% excise tax on marijuana sales; the revenue generated through this tax will be used to support communities that have been negatively impacted by the war on drugs.
The MORE Act of 2020 passed the House in 2020 but failed to receive any vote from the Senators. Another MORE Act also passed the House in 2022 and it awaits approval from the Senate. While the legislators are working to legalize adult-use marijuana, the recent executive pardon by the US President has also increased the prospect of legalization. In October 2022, President Biden issued an executive order that will pardon individuals with marijuana conviction history.
What Happens if I am Under 21 and Caught Carrying or Using Cannabis?
Illinoisans may ask, “how much cannabis can I legally have?” Adults 21 years and older can possess and use up to 30 grams of cannabis for recreational purposes. Similarly, adults and minors can carry and use cannabis for medicinal purposes provided they have a debilitating medical illness and are participating in the Medical Cannabis Patient Program. Except for children authorized to use medical marijuana, Illinois prohibits persons under 21 years from using or carrying cannabis.Minors exposed to cannabis will likely end up abusing the drug. Their brains are not fully developed, and using cannabis without supervision can do them some harm. According to findings by the National Institute on Drug Abuse (NIDA), minors using cannabis can grow into having serious issues with coordination, learning, decision making, and balance. Currently, possession of cannabis by a minor in Illinois is a civil offense punishable by a fine of between $100 and $200. For violation occurring in a motor vehicle, a minor risks driver’s license revocation or suspension.Generally, Illinois has no tolerance for minors carrying or using controlled substances, including marijuana. The Illinois court system focuses more on rehabilitation than severe penalties for those under 21 years caught using or possessing cannabis and other scheduled substances. As such, Illinois punishes erring under-21 cannabis users by doing the following:Place them on probation in a way that they will be required to attend check-in with a probation officer while attending school or work (for minors who are of legal working age). They will also participate in community service during the probation periodCounseling them and their parents or guardians on drugsHave them complete a diversion programHowever, in severe cases of minors’ marijuana use or possession, they may be sent to juvenile detention facilities. Sending them to juvenile homes or sentencing them to foster care and home confinement is another punishment for critical cases or repeat violations of cannabis possession.Where is it Legal to Smoke Weed in Illinois?Weed is legal in Illinois, but this does not give anyone the right to consume it anywhere. Certain restrictions limit where and how state residents or visitors (tourists) can use cannabis. Illinoisans seeking answers to the question, “where can I use cannabis?” should know they can only consume it in private residences. The state prohibits recreational users from smoking weed in public areas where they can be observed by other people and places designated for smoking tobacco products. However, local governments are permitted to decide whether to allow on-site consumption at licensed dispensaries within their jurisdictions.Illinois also forbids people from smoking weed in a moving or parked motor vehicle. It is also illegal to consume marijuana in the presence of persons under the age of 21 or on school grounds. Smoking weed on federal properties in Illinois is also forbidden because marijuana remains illegal on the national level.Generally, Illinois bans smoking weed in places prohibited under the Smoke-Free Illinois Act. Such places include:Hospitals, health care facilities, health care clinics, child care, adult care facilities, and other social service care centersBars, restaurants, taverns, and gaming facilitiesLobbies, reception areas, hallways, meeting rooms, waiting rooms, break rooms, and other common-use areasPrivate clubs, auditoriums, enclosed or partially enclosed sports arenas, bowling alleys, skating rinks, convention facilities, and polling placesPublic buildings, offices, elevators, restrooms, theaters, museums, libraries, schools, commercial establishments, enclosed shopping centers, and retail storesCan I Carry Cannabis Around With Me?Yes, but there are limits to the amount of marijuana anyone can carry on around in Illinois. Adults 21 years and older can carry a maximum of 5 grams of concentrates, 30 grams of marijuana, and 500 milligrams of THC in marijuana edibles legally. Out-of-state visitors can possess only half of these amounts.Can I Leave Illinois with Cannabis?It is illegal for anyone, resident or out-of-state visitor, to leave Illinois with cannabis by any method of transportation. While the federal government prohibits crossing state lines with marijuana because it is yet to legalize it on the national level, it is equally a violation of Illinois law to cross the state border with any form of cannabis product despite weed legalization. Typically, anyone who leaves the state with weed will most likely break multiple laws- Illinois’ and the destination state’ or even federal law. All cannabis bought in Illinois must be used and stored within the boundaries of the state. Even tourists who bought cannabis legally cannot leave Illinois with them.Although the federal authorities already turned a blind eye to Illinois’ marijuana legalization, they are still in charge of enforcing the laws where they have jurisdiction, including interstate commerce. Consequently, state borders where most interstate trading happens are under the jurisdiction of the federal government. Per Section 812 of Title 21 in the U.S. Code, the federal government considers cannabis a controlled substance. Hence, moving it from Illinois to other states is illegal and a federal offense. Moreso, not all the states in the U.S. have legalized cannabis, so leaving Illinois with weed to such places will be a crime on any occasion.It is also a bad idea for anyone to attempt to leave Illinois with cannabis air. The routine screenings by the Transportation Security Administration (TSA) focus primarily on detecting potential security threats to passengers and aircraft. Because marijuana possession is prohibited on the federal level, the TSA workers will refer anyone caught trying to leave Illinois with the substance to law enforcement.Will Cannabis Affect My Driving Record in Illinois?Yes. It is illegal to drive under the influence of cannabis in Illinois, and a conviction for this offense stays on an offender’s driving record. A driver can get a DUI without actually being high. Typically, THC metabolites remain in the blood for some hours or days after using cannabis. Unfortunately, one can be charged with a DUI in Illinois even if they only used marijuana legally (especially medical cannabis). Illinois has strict DUI laws, and as such, persons who are new in the state must ensure to acquaint themselves with the driving laws before operating a motor vehicle.A DUI of marijuana in Illinois is a misdemeanor offense that comes with varying punishments. The criminal penalties for a person convicted of a DUI of cannabis for a first offense may include:Suspension or revocation of driver’s licenseSuspension of vehicle registrationsFees to replace licenseVarious fines and feesLikelihood of probation or jail timeDUI on offender’s criminal recordThese punishments impact offenders’ driving records and may have other severe consequences on such persons’ other records. Medical patients who drive around with open containers of marijuana in a motor vehicle risk losing driving privileges and may have their medical cannabis cards revoked.Can I Get a DUI if I Drive While I am High?Yes. According to 625 ILCS 5/11-501(a)(3)-(4), it is illegal for anyone to drive or operate a motor vehicle if under the influence of any drug or intoxicating compound to a level that renders them incapable of safely driving. Under state law, a person can be charged with DUI for operating a motor vehicle while under the influence of any controlled substance, including cannabis. The chemical component in marijuana responsible for the psychological (high) effects when consumed is Tetrahydrocannabinol (THC). Generally, when a person gets high from THC, they lack concentration, coordination, as well as suffer impaired vision and a temporary loss of memory. These, combined, usually impact a person’s ability to drive safely.Despite the legalization of medical marijuana in Illinois and the permission to use medical cannabis to treat debilitating medical conditions, drivers are not spared for DUI of marijuana. However, the mere presence of cannabis in a person’s bloodstream is not a ticket for charging them with DUI. It takes a THC blood concentration of 5 nanograms or more per milliliter of blood to get charged with DUI in Illinois. Although registered medical marijuana patients in the state are exempt from the 5 nanograms maximum, they can still get charged with DUI of marijuana if using it intoxicates them and affects their driving pattern.In Illinois, anyone who has a driver’s license and drives a motor vehicle on the highways technically gives their consent for chemical tests of urine, blood, or breath to determine the level of any intoxicating compound in their blood. When law enforcement pulls a person over for suspicion of a marijuana DUI, such a driver is first subjected to a field sobriety test. These tests check for a driver’s memory, balance, and vision but are specific to alcohol and may not thoroughly determine whether they are high on cannabis. However, law enforcement can request a driver to submit to a blood or urine test at the appropriate lab to determine the nana-liter level of THC if they feel strongly that such a person is under the influence of marijuana. Per 625 ILCS 5/11-501.6, persons who refuse to submit to this test risk driver’s license suspension or revocation. Any proof of refusal is admissible in any criminal or civil action arising from that incident (625 ILCS 5/11-501.2(c)(1)).Per 625 ILCS 5/11-501 (c)(1), (c)(2), and (d), a driver who fails a chemical test for THC levels in Illinois is charged with DUI and faces the following penalties:First OffenseLoss of driver’s license for between six months and one yearFine of up to $2,500Possible jail time of up to one yearSecond OffenseBetween three and five years loss of licenseFine of up to up to $2,500Mandatory five days jail time or 30-day community service (for a second offense within a 5-year time frame)Substance abuse counselingA possible prison term of up to one yearThird and Subsequent OffenseUp to 6 years loss of driving privilegesFine of up to $10,000Possible jail time of up to 3 yearsMandatory drug treatmentCan I Buy Marijuana in Illinois?Anyone 21 years or older can buy cannabis and marijuana products in Illinois, but they must possess a valid government-issued ID. Such an ID must also display the person’s age. Currently, licensed dispensaries in the state accept cash and debit cards as payment methods. Checks or credit cards are not accepted as payment means at any Illinois marijuana dispensary. Illinois marijuana dispensaries offer a full range of cannabis products from flowers and edibles to oils, concentrates, vapes, oral sprays, tinctures, topicals, and capsules.Anyone who purchases cannabis in Illinois and carries it in their car must keep it in a secured, sealed container where it is inaccessible to other people while driving. Experts recommend keeping it in the car trunk away from unauthorized access. Persons under 21 years in need of medical marijuana must have a medical marijuana card. They can get a medical marijuana card by obtaining a certificate from the doctor treating them for a debilitating condition and then apply online through the IDPH website. Generally, the marijuana that medical patients buy in Illinois is cheaper than that purchased by recreational users. They can also possess a higher amount of cannabis than recreational consumers.Where Can I Buy Marijuana in Illinois?Medical marijuana and recreational marijuana are legal in Illinois, but many Illinoisans still ask, “where can I buy cannabis?” Illinois licensed marijuana dispensaries are authorized to sell cannabis and cannabis-infused products to eligible persons. However, these dispensaries have a legal obligation to prioritize consumers with medical marijuana needs. The Illinois Department of Financial and Professional Regulation (IDFPR) licenses dispensaries and performs other oversight functions on dispensing organizations. Illinois allows licensed marijuana vendors to operate between the hours of 6:00 a.m. and 10:00 p.m. daily.How Much is Marijuana in Illinois?Many reports have it that marijuana prices in Illinois are some of the highest in the United States. The average cost of cannabis in the state is $16 per gram. However, factors such as demand, supply, and tax rates determine the prices of cannabis. Also, the cost of recreational marijuana is usually higher than medical marijuana. Medical cannabis in a licensed dispensary costs $15 per gram, while recreational users pay $21 per gram for the same quantity of cannabis.How Much Cannabis Can I Legally Have?Illinois law permits eligible persons to possess a limited amount of cannabis on them per time. Worthy to state is that these amounts are a cumulative aggregate of concentrates, cannabis flowers, and cannabis-infused products up to the legal limit for each category of marijuana form. Legally, Illinois residents can carry up to 5 grams of concentrates, 30 grams of marijuana flower, and 500 milligrams of marijuana-infused products. Out-of-state residents can only possess half of these amounts. Also, medical marijuana patients can grow up to five plants for personal use at home, but recreational users are prohibited from doing so. Marijuana users can transport it in their motor vehicles but must carry it in a sealed and secured container.Where is Weed Legal?StateLegal StatusMedicinalRecreationalAlabamaCriminalizedNoNoAlaskaDecriminalizedYesYesArizonaDecriminalizedYesYesArkansasPartly DecriminalizedYesNoColoradoDecriminalizedYesYesConnecticutPartly DecriminalizedYesYesDelawarePartly DecriminalizedYesYesDistrict of ColumbiaDecriminalizedYesYesFloridaPartly DecriminalizedYesNoGeorgiaPartly DecriminalizedAccepts only CBD OilNoHawaiiPartly DecriminalizedYesYesIdahoDecriminalizedNoNoIllinoisDecriminalizedYesYesIndianaPartly DecriminalizedAccepts only CBD OilNoIowaPartly DecriminalizedAccepts only CBD OilNoKansasDecriminalizedNoNoKentuckyPartly DecriminalizedAccepts only CBD OilNoLouisianaPartly DecriminalizedYesNoMaineDecriminalizedYesYesMarylandPartly DecriminalizedYesYesMassachusettsDecriminalizedYesYesMichiganDecriminalizedYesYesMinnesotaPartly DecriminalizedYesYesMississippiPartly DecriminalizedYesYesMissouriPartly DecriminalizedYesYesMontanaDecriminalizedYesYesNebraskaDecriminalizedNoYesNevadaDecriminalizedYesYesNew HampshirePartly DecriminalizedYesYesNew JerseyDecriminalizedYesYesNew MexicoPartly DecriminalizedYesYesNew YorkDecriminalizedYesYesNorth CarolinaDecriminalizedNoYesNorth DakotaPartly DecriminalizedYesYesOhioPartly DecriminalizedYesYesOklahomaPartly DecriminalizedYesNoOregonDecriminalizedYesYesPennsylvaniaPartly DecriminalizedYesNoRhode IslandPartly DecriminalizedYesYesSouth CarolinaDecriminalizedNoNoSouth DakotaDecriminalizedYesYesTennesseeDecriminalizedNoNoTexasPartly DecriminalizedAccepts only CBD OilNoUtahPartly DecriminalizedYesNoVermontDecriminalizedYesYesVirginiaPartly DecriminalizedAccepts only CBD OilYesWashingtonDecriminalizedYesYesWest VirginiaPartly DecriminalizedYesNoWisconsinPartly DecriminalizedAccepts only CBD OilNoWyomingDecriminalizedNoNoIN THIS SECTIONMarijuana LawsMedical MarijuanaMarijuana BusinessCBDAbout usPrivacy policyTerms of useContact Us
Marijuana LawsLimitationsWhat Happens if I am Under 21 and Caught Carrying or Using Cannabis?Illinoisans may ask, “how much cannabis can I legally have?” Adults 21 years and older can possess and use up to 30 grams of cannabis for recreational purposes. Similarly, adults and minors can carry and use cannabis for medicinal purposes provided they have a debilitating medical illness and are participating in the Medical Cannabis Patient Program. Except for children authorized to use medical marijuana, Illinois prohibits persons under 21 years from using or carrying cannabis.Minors exposed to cannabis will likely end up abusing the drug. Their brains are not fully developed, and using cannabis without supervision can do them some harm. According to findings by the National Institute on Drug Abuse (NIDA), minors using cannabis can grow into having serious issues with coordination, learning, decision making, and balance. Currently, possession of cannabis by a minor in Illinois is a civil offense punishable by a fine of between $100 and $200. For violation occurring in a motor vehicle, a minor risks driver’s license revocation or suspension.Generally, Illinois has no tolerance for minors carrying or using controlled substances, including marijuana. The Illinois court system focuses more on rehabilitation than severe penalties for those under 21 years caught using or possessing cannabis and other scheduled substances. As such, Illinois punishes erring under-21 cannabis users by doing the following:Place them on probation in a way that they will be required to attend check-in with a probation officer while attending school or work (for minors who are of legal working age). They will also participate in community service during the probation periodCounseling them and their parents or guardians on drugsHave them complete a diversion programHowever, in severe cases of minors’ marijuana use or possession, they may be sent to juvenile detention facilities. Sending them to juvenile homes or sentencing them to foster care and home confinement is another punishment for critical cases or repeat violations of cannabis possession.Where is it Legal to Smoke Weed in Illinois?Weed is legal in Illinois, but this does not give anyone the right to consume it anywhere. Certain restrictions limit where and how state residents or visitors (tourists) can use cannabis. Illinoisans seeking answers to the question, “where can I use cannabis?” should know they can only consume it in private residences. The state prohibits recreational users from smoking weed in public areas where they can be observed by other people and places designated for smoking tobacco products. However, local governments are permitted to decide whether to allow on-site consumption at licensed dispensaries within their jurisdictions.Illinois also forbids people from smoking weed in a moving or parked motor vehicle. It is also illegal to consume marijuana in the presence of persons under the age of 21 or on school grounds. Smoking weed on federal properties in Illinois is also forbidden because marijuana remains illegal on the national level.Generally, Illinois bans smoking weed in places prohibited under the Smoke-Free Illinois Act. Such places include:Hospitals, health care facilities, health care clinics, child care, adult care facilities, and other social service care centersBars, restaurants, taverns, and gaming facilitiesLobbies, reception areas, hallways, meeting rooms, waiting rooms, break rooms, and other common-use areasPrivate clubs, auditoriums, enclosed or partially enclosed sports arenas, bowling alleys, skating rinks, convention facilities, and polling placesPublic buildings, offices, elevators, restrooms, theaters, museums, libraries, schools, commercial establishments, enclosed shopping centers, and retail storesCan I Carry Cannabis Around With Me?Yes, but there are limits to the amount of marijuana anyone can carry on around in Illinois. Adults 21 years and older can carry a maximum of 5 grams of concentrates, 30 grams of marijuana, and 500 milligrams of THC in marijuana edibles legally. Out-of-state visitors can possess only half of these amounts.Can I Leave Illinois with Cannabis?It is illegal for anyone, resident or out-of-state visitor, to leave Illinois with cannabis by any method of transportation. While the federal government prohibits crossing state lines with marijuana because it is yet to legalize it on the national level, it is equally a violation of Illinois law to cross the state border with any form of cannabis product despite weed legalization. Typically, anyone who leaves the state with weed will most likely break multiple laws- Illinois’ and the destination state’ or even federal law. All cannabis bought in Illinois must be used and stored within the boundaries of the state. Even tourists who bought cannabis legally cannot leave Illinois with them.Although the federal authorities already turned a blind eye to Illinois’ marijuana legalization, they are still in charge of enforcing the laws where they have jurisdiction, including interstate commerce. Consequently, state borders where most interstate trading happens are under the jurisdiction of the federal government. Per Section 812 of Title 21 in the U.S. Code, the federal government considers cannabis a controlled substance. Hence, moving it from Illinois to other states is illegal and a federal offense. Moreso, not all the states in the U.S. have legalized cannabis, so leaving Illinois with weed to such places will be a crime on any occasion.It is also a bad idea for anyone to attempt to leave Illinois with cannabis air. The routine screenings by the Transportation Security Administration (TSA) focus primarily on detecting potential security threats to passengers and aircraft. Because marijuana possession is prohibited on the federal level, the TSA workers will refer anyone caught trying to leave Illinois with the substance to law enforcement.Will Cannabis Affect My Driving Record in Illinois?Yes. It is illegal to drive under the influence of cannabis in Illinois, and a conviction for this offense stays on an offender’s driving record. A driver can get a DUI without actually being high. Typically, THC metabolites remain in the blood for some hours or days after using cannabis. Unfortunately, one can be charged with a DUI in Illinois even if they only used marijuana legally (especially medical cannabis). Illinois has strict DUI laws, and as such, persons who are new in the state must ensure to acquaint themselves with the driving laws before operating a motor vehicle.A DUI of marijuana in Illinois is a misdemeanor offense that comes with varying punishments. The criminal penalties for a person convicted of a DUI of cannabis for a first offense may include:Suspension or revocation of driver’s licenseSuspension of vehicle registrationsFees to replace licenseVarious fines and feesLikelihood of probation or jail timeDUI on offender’s criminal recordThese punishments impact offenders’ driving records and may have other severe consequences on such persons’ other records. Medical patients who drive around with open containers of marijuana in a motor vehicle risk losing driving privileges and may have their medical cannabis cards revoked.Can I Get a DUI if I Drive While I am High?Yes. According to 625 ILCS 5/11-501(a)(3)-(4), it is illegal for anyone to drive or operate a motor vehicle if under the influence of any drug or intoxicating compound to a level that renders them incapable of safely driving. Under state law, a person can be charged with DUI for operating a motor vehicle while under the influence of any controlled substance, including cannabis. The chemical component in marijuana responsible for the psychological (high) effects when consumed is Tetrahydrocannabinol (THC). Generally, when a person gets high from THC, they lack concentration, coordination, as well as suffer impaired vision and a temporary loss of memory. These, combined, usually impact a person’s ability to drive safely.Despite the legalization of medical marijuana in Illinois and the permission to use medical cannabis to treat debilitating medical conditions, drivers are not spared for DUI of marijuana. However, the mere presence of cannabis in a person’s bloodstream is not a ticket for charging them with DUI. It takes a THC blood concentration of 5 nanograms or more per milliliter of blood to get charged with DUI in Illinois. Although registered medical marijuana patients in the state are exempt from the 5 nanograms maximum, they can still get charged with DUI of marijuana if using it intoxicates them and affects their driving pattern.In Illinois, anyone who has a driver’s license and drives a motor vehicle on the highways technically gives their consent for chemical tests of urine, blood, or breath to determine the level of any intoxicating compound in their blood. When law enforcement pulls a person over for suspicion of a marijuana DUI, such a driver is first subjected to a field sobriety test. These tests check for a driver’s memory, balance, and vision but are specific to alcohol and may not thoroughly determine whether they are high on cannabis. However, law enforcement can request a driver to submit to a blood or urine test at the appropriate lab to determine the nana-liter level of THC if they feel strongly that such a person is under the influence of marijuana. Per 625 ILCS 5/11-501.6, persons who refuse to submit to this test risk driver’s license suspension or revocation. Any proof of refusal is admissible in any criminal or civil action arising from that incident (625 ILCS 5/11-501.2(c)(1)).Per 625 ILCS 5/11-501 (c)(1), (c)(2), and (d), a driver who fails a chemical test for THC levels in Illinois is charged with DUI and faces the following penalties:First OffenseLoss of driver’s license for between six months and one yearFine of up to $2,500Possible jail time of up to one yearSecond OffenseBetween three and five years loss of licenseFine of up to up to $2,500Mandatory five days jail time or 30-day community service (for a second offense within a 5-year time frame)Substance abuse counselingA possible prison term of up to one yearThird and Subsequent OffenseUp to 6 years loss of driving privilegesFine of up to $10,000Possible jail time of up to 3 yearsMandatory drug treatmentCan I Buy Marijuana in Illinois?Anyone 21 years or older can buy cannabis and marijuana products in Illinois, but they must possess a valid government-issued ID. Such an ID must also display the person’s age. Currently, licensed dispensaries in the state accept cash and debit cards as payment methods. Checks or credit cards are not accepted as payment means at any Illinois marijuana dispensary. Illinois marijuana dispensaries offer a full range of cannabis products from flowers and edibles to oils, concentrates, vapes, oral sprays, tinctures, topicals, and capsules.Anyone who purchases cannabis in Illinois and carries it in their car must keep it in a secured, sealed container where it is inaccessible to other people while driving. Experts recommend keeping it in the car trunk away from unauthorized access. Persons under 21 years in need of medical marijuana must have a medical marijuana card. They can get a medical marijuana card by obtaining a certificate from the doctor treating them for a debilitating condition and then apply online through the IDPH website. Generally, the marijuana that medical patients buy in Illinois is cheaper than that purchased by recreational users. They can also possess a higher amount of cannabis than recreational consumers.Where Can I Buy Marijuana in Illinois?Medical marijuana and recreational marijuana are legal in Illinois, but many Illinoisans still ask, “where can I buy cannabis?” Illinois licensed marijuana dispensaries are authorized to sell cannabis and cannabis-infused products to eligible persons. However, these dispensaries have a legal obligation to prioritize consumers with medical marijuana needs. The Illinois Department of Financial and Professional Regulation (IDFPR) licenses dispensaries and performs other oversight functions on dispensing organizations. Illinois allows licensed marijuana vendors to operate between the hours of 6:00 a.m. and 10:00 p.m. daily.How Much is Marijuana in Illinois?Many reports have it that marijuana prices in Illinois are some of the highest in the United States. The average cost of cannabis in the state is $16 per gram. However, factors such as demand, supply, and tax rates determine the prices of cannabis. Also, the cost of recreational marijuana is usually higher than medical marijuana. Medical cannabis in a licensed dispensary costs $15 per gram, while recreational users pay $21 per gram for the same quantity of cannabis.How Much Cannabis Can I Legally Have?Illinois law permits eligible persons to possess a limited amount of cannabis on them per time. Worthy to state is that these amounts are a cumulative aggregate of concentrates, cannabis flowers, and cannabis-infused products up to the legal limit for each category of marijuana form. Legally, Illinois residents can carry up to 5 grams of concentrates, 30 grams of marijuana flower, and 500 milligrams of marijuana-infused products. Out-of-state residents can only possess half of these amounts. Also, medical marijuana patients can grow up to five plants for personal use at home, but recreational users are prohibited from doing so. Marijuana users can transport it in their motor vehicles but must carry it in a sealed and secured container.
In a case that should be of interest to all Illinois law enforcement officers, the Third District of Illinois held recently that the odor of burnt cannabis alone does not give officers probable cause to search much like the odor of alcohol alone is insufficient to search a car. This decision is not binding on the other four District Appellate Courts in Illinois but should give officers pause on whether to conduct searches based simply on the odor of marijuana now that possession and use of cannabis has been legalized since 2021. Illinois agencies outside of the Third District should be working with their local prosecutors to obtain guidance and recommendations going forward. https://lnkd.in/gN_BjUSg #DUI #cannabislaw #lawenforcement #cannabis
Many people in the Leyden Township community know that I do alot of work for families of special education students. Due to my advocacy it makes me and my family targets for educators to attack.
Last Spring I was warned that Leyden was going to outplace my son who has an IEP even though he has an 3.71 grade point because of my advocacy. They went ahead and did that with him now placed 23 miles away from his community.
Now to add insult to injury since the outplacement they are with holding transportation as required by the IEP, thus leaving him at home thus de3nying his education and services as outlined in the IEP as well as access to extracurriculars.
When challenged, SD 212 refuses to use the multi million dollar transportation program that the District has developed and they will not utilize the outside 3rd party vendor contract because they say it is too expensive for the transportation even though they outplaced him and they are obligated to provide the transportation per the IEP.
So now my son remains at home being denied access to education while countless administrators are making millions of dollars at SD 212. While SD 212 decided last Spring to provide transportation for sports teams at Norridge SD 80 which is not even a feeder school to SD 212. This Fall they took over the special education transition program from Ridgewood High School and are transporting at taxpayer expense the students to West Leyden.
Leyden SD 212 just spent $6.5 million for the new snack bar at the West Leyden football stadium, but they won’t provide transportation for a disabled student because of cost so he sits at home, requiring me to proceed to take legal action to secure compliance. It is not about the students but about personal vendettas by school administrators.
I am curious if any other parents have transportation in their students’ IEP and Leyden SD 212 is refusing to transport their student ?
Threatening Illinoisans’ safety: Six major flaws in the SAFE-T Act’s end to cash bail – Wirepoints wirepoints.org/threatening-il… via @Wirepoints
Proponents of Illinois’ SAFE-T Act claim that the law’s provisions to end the cash bail will make Illinoisans more safe once the provisions are implemented on January 1, 2023. They claim the new law will give judges more discretion to detain dangerous criminal suspects. They also claim that the law poses no problem for the state’s many jurisdictions concerned they’ll have to release what could total thousands of potentially dangerous defendants on January 1 as a result of the elimination of bail.
None of the proponents’ claims are true. A detailed analysis by Wirepoints of the SAFE-T Act’s provision to end cash bail and soften pre-trial detention rules finds the changes to be reckless as a matter of law and dangerous to the residents of Illinois. Below, we lay out six major areas of concern, several of which directly disprove the claims made by the act’s proponents.
The SAFE-T Act:
Ends cash bail abruptly without offsetting mitigations to keep victims and the public safe.
Almost entirely eliminates judicial discretion except for a few enumerated crimes.
Creates a class of dangerous crimes that are non-detainable, increasing overall risk to the public.
Removes the “threat-to-the-community” standard from the new law, rendering many crimes virtually non-detainable.
Makes proving a “high likelihood of willful flight” nearly impossible, rendering many crimes effectively non-detainable.
Makes likely the release of thousands of alleged criminals on January 1.
Our analysis is based on a plain reading of the law and conversations with various lawmakers, state’s attorneys and other officials. The analysis is not meant to be comprehensive given that the provision is complex and that the law is ambiguous in many areas.
1. The SAFE-T Act ends cash bail without offsetting mitigations to keep victims and the public safe. There’s little argument that Illinois’ cash bail system has its limitations and problems, but the replacement of the state’s long-standing system has been done shoddily and without debate, resulting in even less public safety. The process by which it was passed – nearly 800 pages pushed through in the middle of the night on the last day of session, with little input from the proper parties – has been well documented by now.
As a result, Illinois will go from a three-pronged system where defendants are either (1) detained under a “threat to the community” for certain crimes (felonies ineligible for probation or for stalking or aggravated stalking), (2) granted cash bail, or (3) released on their own recognizance, to a two-prong system where even fewer dangerous criminals will be detainable, as we outline below, and the rest are released. And that only increases the risk to the public.
2. The SAFE-T Act limits judicial discretion. Under current law, judges have the ability to require cash bail for certain alleged criminals. Cash bail is the middle ground used to encourage compliance with pretrial release conditions and as an incentive to return to court.
But under the SAFE-T Act, judicial discretion is almost entirely eliminated except for a few enumerated crimes. The rule, by default, is to let people out on their own recognizance.
(a) All persons charged with an offense shall be eligible for pretrial release before conviction. Pretrial release may only be denied when a person is charged with an offense listed in Section 110-6.1 or when the defendant has a high likelihood of willful flight, and after the court has held a hearing under Section 110-6.1.
Take the following example. Under current lawjudges have broad discretion to require bond for a defendant charged with “aggravated DUI” – a Class 4 felony that’s not included in the offenses listed in Section 110-6.1.
But under SAFE-T, that defendant can’t be detained at all. No matter how much of a flight risk or perceived threat he may be, beginning January 1, a judge would have no discretion to hold him. The act says he must be released on his own recognizance.
It’s the same for other Class 4 felonies and most misdemeanors.
(Note that the above language is muddled when it comes to “willful flight.” The language seems to say that “willful flight” can apply to any crime, but the specific language in Section 110-6.1 contradicts that assumption. It’s one of the many things that needs to be fixed in any new version of the law. In any case, it is nearly impossible to hold someone based on willful flight – see point 5 for more detail.)
3. There are dangerous non-detainable crimes under the act. For a defendant to be detained pending trial, he must be charged with an offense included in section 110-6.1(a). More specifically, the language in Section 110-6.1(a)(1)allows only non-probationable, forcible felonies to be detained, including first degree murder, home invasion, armed robbery and residential burglary, if the defendant is “a specific, real and present threat to any person or the community.” And while the rest of the act can give the impression that other categories of dangerous crimes are detainable, the practical reality is that many of them are simply non-detainable.
1. Start with probationable forcible felonies. Defendants charged with such crimes can be detained only if it can be shown they have “a high likelihood of willful flight.” Those crimes include most aggravated batteries, burglaries, robberies and arsons.
But given that it’s nearly impossible for prosecutors to prove “willful flight” – see point 5 below for more detail – the reality is that probationable crimes, for all practical purposes, are non-detainable.
2. Second, there are the variety of felonies listed under 110-6.1(a)(6) of the section, including aggravated discharge of a firearm, armed habitual criminal, gunrunning, firearms trafficking, and more. Defendants charged with such crimes can be detained only if it can be shown they are a “real and present threat to the physical safety of any specifically identifiable person or persons.”
Given that it’s nearly impossible for prosecutors to prove that such defendants are a danger to specific people – see point 4 below for more detail – the reality is that such crimes are, for all practical purposes, non-detainable.
3. Then there are the remaining Class 4 felonies that don’t fall under 110-6.1 of the act – for example lesser categories of aggravated DUI, mob action, obstructing justice, possession of a controlled substance and more. These crimes are not detainable for any reason.
4. Removal of the“threat to the community” standard from the new law renders many crimes virtually nondetainable. Under current law, judges can broadly determine the dangerousness of defendants by assessing their threat to “the community, person, persons or class of persons.”
Unfortunately, the SAFE-T Act strikes out that language.
(d) (Blank.) “Real and present threat to the physical safety of any person or persons”, as used in this Article, includes a threat to the community, person, persons or class of persons.
Beginning January 1, prosecutors will have to prove for most crimes that a defendant is a threat to a specific person or persons – not to the community at large – in order to detain said defendant. Proving a defendant is a threat to a specific person or persons could be nearly impossible for some crimes (see point 3 above).
The only set of crimes where the “threat to a community” will still apply going forward is non-probationable forcible felonies (those mentioned in point 3 above).
5. “A high likelihood of willful flight” is nearly impossible to prove, rendering many crimes non-detainable. The language in the SAFE-T Act is self-explanatory:
(e) Willful flight means planning or attempting to intentionally evade prosecution by concealing oneself. Simple past non-appearance in court alone is not evidence of future intent to evade prosecution.
That language ties prosecutors’ hands in two major ways. One, it requires them to prove intent to flee – something that’s almost impossible.
Second, the law forces prosecutors to ignore a defendant’s previous non-appearances in court, taking away a key piece of evidence that could prove “willful flight.”
6. Thousands of alleged criminals could be released on Jan. 1. The SAFE-T Act’s end to cash bail, along with making the detention of potentially dangerous defendants far more difficult, has prompted state’s attorneys across the state to warn they’ll have to let a large number of criminals out who are currently being held on bond come January 1st. Will County State’s Attorney Jim Glasgow says that in the Collar Counties alone, 4,000 to 5,000 defendants will be released.
The SAFE-T act clearly and unequivocally abolishes cash bail as of Jan. 1: “On and after January 1, 2023, the requirement of posting monetary bail is abolished…” The law contains no grandfather language for those currently being held for failing to post bail.
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Opposition to the SAFE-T Act is both widespread and bipartisan. One hundred of the 102 state’s attorneys are opposed to ending the cash bail system and that includes both Republican and Democrat state’s attorneys. In fact, many independent lawsuits by state’s attorneys or sheriffs have been filed in recent weeks.
Bennett’s changes to the SAFE-T Act includes language clarifying “pretrial release will apply to individuals arrested on or after Jan. 1, 2023. The measure also permits judges to deny pretrial release for any alleged crime if the person arrested poses a threat to the safety of any person or the community.”
The rampant crime in Illinois, in particular with what’s happening in Chicago and Cook County, has made public safety the number one issue for many Illinoisans voting on November 8. The serious flaws in the SAFE-T Act will only increase crime and put the public at increased risk. The legislature should never have passed this bill and Gov. J.B. Pritzker should never have signed it.
The SAFE-T Act should be scrapped and the legislature should start over – this time in the light of day with deliberate debate and public input.
Any worker deemed “essential” by State should be entitled to tbe same State- guaranteed entitlement benefits as government employees and teachers. This includes medical professionals and Amazon/fedex/grocery fulfillment/delivery workers.
It could be worse than that. I believe that by 2030 Tier II will not even qualify as a valid pension. As a result, Tier II employers may have to provide a lump sum of money to cover Social Security benefits at retirement. Public pensions do not have to support Social Security as long as those pensions provide a benefit at least a similar to the benefit the recipient could receive from Social Security. Therefore, potentially every school district could need to have a special tax to be in a position to provide that payment.
Amendment 1, everyone bargains for everything and the citizens of Illinois don’t benefit from anything but have to pay for it. This nonsense goes too far. Union members or wanna be union members, do you realize you may be earning more cash but your going to be paying even more cash in taxes? You won’t even break even or have a REAL guarantee you’ll get your full pension from Illinois or your union. You know Illinois is known for fraud and mismanagement right? Remember, pigs get fatter hogs get slaughtered
So we have a -1 that means this person is going to fall in line and vote for a Constitutional ammendment he/she doesn’t really understand. A loyal follower, one of many destroying the State of Illinois. That same person will be complaining in less than a year because it costs so much more money to get anything done and to live in Illinois.
If Illinois can afford to reward teachers with work 20 years= retire age 55-58- $70,000+ annual guaranteed pensions+ COLA 3% annual compounded+ free health insurance of higher quality than private sector+ work 1/2 to 2/3 of a typical private sector work year + strike or work remotely at slightest whim… Then illinois can afford to set up defined benefits entitlements for ALL workers deemed essential.
The younger workers who pay into pensions, yet get a far worse return are one of the last hopes for righting the financial crisis. How many pensioners don’t even live in Illinois? Wirepoints and Illinois policy have made many substantive suggestions that, if enacted, would help stabilize state finances. I believe they don’t go far enough however. Public sector unions should not be allowed to strike. They should not be allowed to contribute to campaigns, and should not fund any lobbyists. Pensions must be eliminated for all elected officials. All pensions should be capped at 120,000, regardless of pensionable salary.… Read more »
Among many consequences going unreported that will ensue if Amendment 1 passes is the end of exclusive bargaining power for government unions. If voters approve the amendment in November, any group of public workers will have a constitutional right to bargain for most anything they want through whatever representatives they want. In other words, they could create their own union of sorts to make demands different from, or in addition to, those of the big public unions. The drafters may not have intended that, but it’s what the proposed amendment says plainly.
That’s one of the few potential consequences we’ve identified that might be positive on some matters if voters approve the amendment. For example, Chicago teachers who don’t like the Chicago Teachers Unions’ hard left agenda could collectively bargain for their different agenda.
A group that might find that option particularly appealing is Tier 2 participants in Illinois’ public pensions.
Tier 2 pensioners are everybody hired after 2010 who is participating in almost every state and local government pension in Illinois. They get far worse benefits than older employees in Tier 1. Tier 2s face a later retirement age, a stingier cap on pensionable salaries and other inferior benefits. At Wirepoints, we don’t like Illinois’ defined benefit pension system or the benefits Tier 1s get, but when it comes to Tier 2, we are on their side.
The deal Tier 2s get is so bad that that Tier 2 personal contributions exceed the amount needed to fund their own benefits (assuming you use the same discount rate the pensions use**). The excess is diverted to subsidize the unfunded liability for Tier 1s. Tier 1 retirees will more than exhaust all assets in the system – there’s nothing set aside for Tier 2s.
Most importantly, in our view, only 18.5 percent of Tier 2 teachers will reach the full age requirement for vesting, according to research by Bellwether Education Partners. All those who don’t vest will only get their own contributions back plus interest earned – no employer contributions and no Social Security for their term of service. That’s catastrophic for retirement planning. No rational young person should sign up for that.
Tier 2s got that bum deal because it was negotiated with the legislature by senior union leadership who were themselves Tier 1s and, obviously, there weren’t any Tier 2s around to object.
But the number of Tier 2s has been growing, and it has long been recognized that they would eventually have the numbers to stand up against Tier 1s in union leadership.
That time is essentially here for the biggest state-sponsored pensions.
For both SERS (the State Employee Retirement System) and SURS (the State University Retirement System), the number of Tier 2 employees will surpass Tier 1s this year. That time will arrive in 2026 for the state’s biggest pension, TRS (the Teachers Retirement System). That’s from a new pension report published last week by the Commission on Governmental Forecasting and Accountability. Those three pensions comprise almost all of the state-sponsored pension system in Illinois.
All those Tier 2s are no doubt tired of exactly what the executive director of TRS complained about over six years ago. That’s Dick Ingram, who was himself a Tier 2, who wrote this in a TRS report at the time:
Tier I member’s pension costs roughly 20 percent of an active member’s salary. Because of the benefit reductions in Tier II, a Tier II member’s pension is worth just 7 percent of an active member’s salary. However, by law, active Tier II members of TRS…pay the same 9.4 percent salary contribution to the System that active Tier I members pay. What all this means is that Tier II members are paying the entire cost of their pensions plus an extra 2.4 percent to TRS. That extra 2.4 percent subsidizes the pensions of Tier I members.
Amendment 1 would allow Tier 2s who are fed up with subsidizing Tier 1 to create their own bargaining unit and demand a better retirement deal. They wouldn’t even need to reach the threshold of being 50% of workers to form that unit or have sufficient power to get results. Keep in mind that everything in existing law respecting union certification and exclusivity would be overridden by a new fundamental constitutional right if amendment 1 passes.
Pensions are definitely something they would have the right to bargain for under Amendment 1. Most everything would be subject to collective bargaining by any group – anything affecting their “economic interest” or that of other Illinoisans.
The end of exclusive bargaining might be a good result in this instance if you share our sympathy for Tier 2s. However, it may create an awful mess on other matters. Amendment supporters have made clear that they interpret the amendment to allow for worker demands over not just their own economic interests but any other Illinoisan’s. It’s therefore easy to foresee multiple, conflicting demands arising from that on most every political issue.
*Mark Glennon is founder of Wirepoints.
**Andrew Biggs, a resident scholar at the American Enterprise Institute, made the following point that we reported in 2019: “Not denying that Illinois Tier 2 is much less generous than Tier 1. But the 9% employee contribution exceeds the normal cost only at a 7% discount rate. At a more reasonable 4%, the normal cost rises to 15.3%. So the net employer cost is still 2x the typical 401k match.” In other words, Tier 2s really aren’t getting a bad deal if you compare it to another plan where you could only reasonably expect 4% per year on investments. And if 4% is all that really materializes, the state will end up bearing the real cost of Tier 2 promised benefits, not the employee, and they will be heavy.
Wirepoints is collecting all arguments and significant opinion pieces on Amendment 1, pro and con, linked here. Among our own earlier articles on the amendment:
In my opinion, the worst part of the Illinois SAFE-T act tucked away in the law is, “If the defendant is not brought to trial within the 90 day period required by the preceding sentence, he shall not be denied pretrial release.”
From Jan. 1 2023 to Mar. 31 2023 is 90 days. So it appears that at the very minimum the jails will be emptied out by April 1st? To include all violent offenders that ARE DETAINABLE (i.e. 1st degree murder, sex assault, Agg discharge of a firearm).
I have never seen any trial take place within 90 days of a bond hearings. Sometimes they are still waiting for discovery at that point.
This does not appear to be good for the safety of victims or the community.
There has been a great deal of attention focused on the “No Cash Bond” provisions of the “SAFE-T Act” passed by the Illinois Legislature. The fact that 100 out of the 102 elected State’s Attorneys across Illinois have come out against the Bond provisions speaks for itself.
However, in the well-justified attention to the Bond provisions of the law, there is little attention being paid to the sections of the law that directly affect Law Enforcement officers in Illinois. As dangerous as the the no-cash bond provisions are, in my opinion the following sections endanger our officers and will fuel the current exodus of officers while hindering recruiting. I see some constitutional issues with the provisions that eliminate the requirement that officers accused of misconduct must be provided with the identity of their accuser, and the identity of the official conducting the investigation or interrogation of the officer.
I also am very concerned about the provision that requires an officer involved in a use of force incident to submit a report before viewing their Body Worn Camera footage of the incident, but yet allows them to amend the report AFTER viewing the BWC footage.
Sworn Affidavits are no longer required. Permits the filing of a complaint against a police officer without a sworn affidavit or other legal documentation.
Administrative Investigation Notice Requirements: Removes requirements that officers under investigation be informed of the names of complainants before administrative proceedings and the name, rank and unit or command of the officer in charge of the investigation.
Anonymous Complaints: Allows any person to file an anonymous complaint to the Illinois Law Enforcement Training Standards Board (ILETSB) for conduct that would qualify an officer for decertification (this includes the following: a felony or misdemeanor, excessive use of force, failing to comply with duty to intervene, tampered with a dash camera or body camera, committed perjury, made a false statement, tampered with or fabricated evidence, or engaged in unprofessional or unethical conduct).
Body Worn Cameras: Revises some of the guidelines and requirements for use of body cameras, including allowing only supervisors and not the recording officer to review recordings prior to completing incident reports involving use of force incidents where the officer used force or is involved in that incident. However, the officer can revise his or her report after viewing the BWC footage, but only after their initial report was submitted.
Constitutional Rights and Remedies: Creates the Task Force on Constitutional Rights and Remedies Act to develop and propose policies and procedures to review and reform constitutional rights and remedies, including qualified immunity for peace officers.
Here is a link to a review of the Safe-T Act from the Civic Federation.
The worst part tucked away in the law in my opinion is, “If the defendant is not brought to trial within the 90 day period required by the preceding sentence, he shall not be denied pretrial release.”
So at the very minimum the jails will be emptied out by April 1st? To include all violent offenders that ARE DETAINABLE (i.e. 1st degree murder, sex assault, Agg discharge of a firearm). I have never seen any trial take place within 90 days of a bond hearings. Sometimes they are still waiting for discovery.
This does not appear to be good for the safety of victims or the community.
Police are responding to a report of shots fired at Six Flags Great America in Gurnee, Illinois.
Several ambulances have been called to the scene.
Video circulating on social media show park goers crouched down and hiding where they had been in line.
Park guests posted on social media that the Gurnee amusement park had been on lockdown shortly before its scheduled close. A video in a later tweet showed visitors calmly walking out as red and blue lights from scores of emergency vehicles flashed in the parking lot.
Current reporting is 3 shot, non-fatal, in the parking lot.
Gurnee | Working Still | 1 Six Flags Pkwy | Multiple Ambulance response for multiple GSWs and Battery Victims. Reported near the water park Gate. TT,317
Preliminary police reports say the shooter fired shots from a vehicle in the parking lot.
Six Flags Great America confirms three people shot. Two were hospitalized. This happened outside. Lake County Sheriff says this is not an active shooter situation. Illinois State Police on-scene too.
This is a developing story. Check back later for updates.
According to media, multiple ambulances have been requested at Six Flags Great America Amusement Park in Gurnee, Illinois, due to a shooting. #twill
Three people were shot and wounded Sunday evening in the parking lot of the Six Flags Great America theme park in Gurnee, authorities and park officials said.
The three victims were hit by shots fired from a single vehicle that fled the scene, according to a statement by a spokeswoman for the park. Dozens of emergency vehicles responded following the shooting. Two of the victims were still being evaluated at an area hospital, while a third victim declined treatment,
The Sixth Circuit Court of Appeals’ decision last year which reversed the district court’s granting of summary judgment in favor of the City of Saginaw, MI, regarding its practice of chalking car tires to enforce its parking regulations, the district court, on remand, declared unconstitional this week the City’s practice of suspicion-less chalking as there was no exception to the warrant requirement that applied to the facts of this case.
Specifically, the district court rejected the City’s argument that the following exceptions to the warrant requirement applied: 1) the de minimus exception; 2) the consent exception; 3) the automobile exception, and 4) the community caretaking exception. The district court’s decision (along with last year’s Sixth Circuit opinion) is an excellent overview of the search warrant exceptions and is included in the attached article
IN THIS SECTION
Roy F. McCampbell's Blog 