IL: Oswego Decriminalizes Small Amounts Of Marijuana

Katelyn Baker

Well-Known Member
Oswego has decriminalized possession of small amounts of marijuana in the village.

The village is now among the communities where it is a civil, rather than a criminal, offense for anyone caught with 10 grams — about 3.5 ounces - of marijuana or less.

The Village Board Tuesday night passed an ordinance that permits police to issue ordinance tickets and fines to anyone found with small among of marijuana or certain drug paraphernalia.

Oswego Police Chief Jeff Burgner said marijuana use other than for medicinal use is illegal in Illinois. He said Oswego is not trying to take a "soft side" on drug possession.

The offenses became civil violations when the Illinois state legislature amended the Cannabis Control Act last year.

"We have aligned our ordinance with the state statute," Burgner said.

Oswego's fines will begin at $100 for the first offense and $150 and $250 for second and third offenses. There is a maximum $750 penalty for repeat violators.

Yorkville passed a similar ordinance in October. Fines there range from a minimum of $100 to $300 for the first offense, $200 to 600 for the second offense and 300 to a maximum $750 for repeat offenders.

Previous marijuana offenses were criminal violations that required a person be arrested, booked and fingerprinted at the police station and issued stiffer fines. The violator would have had a class B misdemeanor arrest on his or her record as well.

Burgner said violators will be given a "civil violation" citation and the marijuana and any drug paraphernalia will be confiscated.

He said another change pertains to the time frame in which a person's record of the violation is expunged from police records. The records are expunged in a shorter period of time than in the past.

"This really doesn't change anything as it relates to our enforcement efforts. It is a matter of venue where we will see those offenses processed," the police chief said. "Up until now, cannabis and drug paraphernalia violations were filed through the Kendall County State's Attorney's Office. Now officers will be able to issue local ordinance tickets and those cases will be brought to the local adjudication process."

Burgner said the new process is less labor-intensive.

"Officers will be able to handle these matters locally. Up until now officers had to go to court," he said.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Oswego Decriminalizes Small Amounts Of Marijuana
Author: Linda Girardi
Contact: 312 222-3232
Photo Credit: Marcio Jose Sanchez
Website: Chicago Tribune
 
"The village is now among the communities where it is a civil, rather than a criminal, offense for anyone caught with 10 grams – about 3.5 ounces - of marijuana or less."

10 grams of Cannabis is not 3.5 ounces 3.5 ounces is 98 grams
 
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