No matter how upstanding a citizen you might be, you are more likely to be arrested today than in the past due to new technology and increased policing. Nowadays, police make arrests for victimless, petty crimes like drinking a beer or smoking a joint on the street, which in the past may have been ignored. Large numbers of people are picked up for these minor offenses, and the criminal justice system runs on all the fines paid as people cycle through the system.    

Arrests are also different these days. Today, the details of an arrest (including the arrestee’s picture) and criminal court case are posted online within hours. This information is then stored and saved in large data centers. Sometimes it is collected by law enforcement agencies, but more likely, private companies are collecting and selling it to prospective employers, lenders, credit card companies, and landlords.

When charges are dropped or someone is found not guilty, the arrest stays on the person’s record forever. Some arrests and convictions can be expunged or sealed; but this only applies to records maintained by local police departments, county courts and the state police. It doesn’t apply to all the state records transferred to the National Criminal Information Center or to private companies that vacuum up vast amounts of criminal records daily. Criminal background checks used to be time-consuming and expensive. No more. They can now be performed cheaply within minutes, which means arrest records close doors of opportunity and hold people to a low wage existence. It’s like being in a prison without walls. 

Arrests are often treated as seriously as criminal convictions. This guide offers a roadmap on how to reduce the likelihood of an arrest from the many laws that are still on the books despite cannabis legalization. First will be an overview of the marijuana criminal laws in Illinois followed by advice on how to stay free from arrest gathered from ex-cops who are now willing to spill the secrets behind the thin blue line. 

The Law in Illinois 

Possession:

• 30 grams (slightly more than an ounce) of flower, 5 grams of hash or concentrate, and 500 milligrams of THC in infused items is legal for Illinois residents 21+. Non-residents 21+ can possess half those amounts.

• Possessing 31-100 grams is a misdemeanor with a possible sentence up to 364 days in jail. Amounts of 101 grams or more are probationable felonies, with a maximum sentence of 15 years for more than 5,000 grams (about 11 pounds). 

• Possession for those under 21 is a civil fine for 10 grams or fewer. 11-30 grams for those under 21 is a misdemeanor punishable by up to 6 months in jail.

Sale or possession with intent to distribute:

• For quantities fewer than 2.5 grams, the potential jail term is 6 months; maximum fine is $1,500. 

• Sale of 2.5-10 grams, maximum jail term is 1 year;  maximum fine is $2,500.

• It becomes a felony with as little as 10 grams. Penalties are probationable up to 5,000 grams. For more than 5,000 grams, it’s a mandatory 6-year sentence (maximum 30 years). This is the same sentence as attempted first degree murder and more severe than the sentence for second degree murder.

Home grow:

• Legal for five plants or fewer if you have a medical card; civil fine up to $200 for those without one.

• Probationable felony for anyone to grow more than 5 plants, with a maximum sentence of 15 years for growing more than 200 plants. Plants must be kept in a locked space away from public view.

• Growers can cultivate the plants at a location other than the patient’s home if the property owner agrees.

Paraphernalia: Cannabis paraphernalia is legal.  

Consumption:

• Cannabis cannot be consumed in a public place or “knowingly in close physical proximity to anyone under 21.” Public places include buildings owned or leased by state or local government as well as government parks, recreation areas, and playgrounds. Cannabis smoking is prohibited in all the same places tobacco smoking is prohibited. The penalty for consumers is a small civil fine, depending on the municipality. 

• So where can I smoke cannabis? Cannabis consumption lounges, private homes, backyards, balconies, and hotel rooms that allow smoking. Landlords, homeowner associations, and employers may have additional rules that limit cannabis use, however. 

• Cannabis consumption is not allowed in federally-assisted housing units or college dorms or apartments.

Transportation:

• Drivers cannot consume cannabis while driving and drivers and passengers must keep cannabis in a “secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible.” The statute does not define what counts as a secured or odor-proof container.

• The penalty is a class A misdemeanor that is probational with a maximum penalty of a year in jail and a $2,500 fine.

• Because the law is vague, transporting marijuana in a car can be risky.  When marijuana needs to be transported, no cannabis should be in the passenger area of the vehicle, including the glove compartment, center console, or under seats. Courts have ruled that the only legal place in a car is in the trunk, where it can’t be reached by passengers.  A smell-proof bag can help deter unwanted attention from law enforcement by eliminating the cop’s grounds to search the car.

Discussion 

The above section refers only to Illinois law, which is what the police in the state enforces. Federal law still classifies any cannabis above .3 percent THC as illegal with a possible jail sentence. The criminal law in Illinois in August 2021 applies only to cannabis with more than 0.3 percent active THC (Delta 9). It does not apply to hemp, including CBD products. Hemp and CBD can be legally possessed in Illinois and smoked wherever tobacco products can be smoked. But, hemp and CBD consumers who want to avoid hassles from cops should only smoke in places where cannabis can be smoked since they look and smell like marijuana.

Smoking in public could draw police attention. Other forms of consumption, like edibles and tinctures, rarely get noticed. Who can tell that a piece of chocolate or cookie can get you high? People like inhaling cannabis for its immediate uptake, while edibles take longer to kick in. Users who want to be less conspicuous than smoking a joint but don’t want to wait an hour for an edible to start working have the option of using tinctures. Tinctures are when extracts of the active parts of cannabis are placed in liquid and taken under the tongue for rapid effects.

How police operate in America 

It’s important to keep in mind that police will look for minor traffic infractions (which are surprisingly easy to mistakenly commit) in order to pull you over and then search for higher-level offenses. Making a lot of arrests is a way for police officers to advance in their field and will thus motivate them to pick people up for petty crimes. Cops will also take advantage of the fact that many people don’t know you have to consent to be searched and they can’t do so without a warrant (but if you say yes, they can then search you and your vehicle). Finally, although arrest quotas are illegal, many Chicago cops are still under pressure to meet a minimum amount of arrests and citations, which can make conspicuous cannabis users easy police targets.