Evanston decriminalizes pot, but don't forget about DUI laws
The City of Evanston made big news last week when the city council passed a measure to decriminalize possession of less than 10 grams of cannabis. In Illinois, state law makes possession of between 2.5 and 10 grams of marijuana a Class B misdemeanor, punishable by up to 6 months in jail and a $2500 fine. When the new measure takes effect, police officers in Evanston will have the discretion to issue a ticket for pot possession instead of making a full arrest. It's a win-win for both sides because the offender avoids a criminal record and faces only a fine, while the police can save time and resources for more serious offenses. By issuing a ticket, the officer does not have to bring the offender to the police station for booking, fingerprinting, mug shot, etc. Instead of being charged with a criminal complaint requiring a court appearance in the Second District Cook County Courthouse in Skokie, the offender would have to appear at the Evanston Civic Center to answer the charges.
While possessing a small amount of cannabis will no longer be a crime, it is important to remember that it remains a criminal charge in Illinois to
drive under the influence of cannabis. In addition, many people may not realize that in Illinois, it is also illegal to drive with any amount of cannabis in the blood, breath, or urine. In other words, you do not have to be under the influence, or "high" on cannabis while driving to be charged and possibly convicted of DUI. Unlike alcohol which begins to be eliminated from the body shortly after it is ingested, and is completely gone by the next day, cannabis remains in the system for days or even weeks after it is smoked.
While the laws may be softening for cannabis possession, lawmakers continue to be tough on DUI cases.
The law firm of
Pfeifer and Pfeifer has considerable experience in representing people charged with all criminal offenses including
possession of cannabis and
DUI. If you have been arrested for cannabis possession or if you have received a ticket for cannabis possession in Evanston,
please call Pfeifer & Pfeifer if you have any questions or if you wish to consult with an experienced criminal defense attorney about your case.