Marijuana

Marijuana 

CHICAGO (WAND) - A new law will make it easier for Illinoisans to expunge or seal a felony drug conviction, even if they test positive for cannabis during the process. 

House Bill 4392, which has been signed into law, removes a previous requirement for a person seeking the expungement or sealing of convictions to test negative for cannabis. It applies to convictions for violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act. It also works for felony records of a qualified probation for a felony drug offense. 

Once the new law takes effect, petitioners will be able to continue the filing process even if they test positive for cannabis. A press release from lawmakers noted individuals can find better access to job opportunities and certain spaces with a successful expungement.

“People looking to correct their criminal record should not be stopped from meaningfully participating in society because of a positive drug test for cannabis,” said State Sen. Jacqueline Collins (D-Chicago). “We have to stop treating its use as grounds for dismissal with respect to jobs and petition-filing.”

The new law becomes active Jan. 1, 2023. 

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