Last week, Illinois lawmakers closed the spring session on a tone of flagrant self-congratulation for what has been heralded by the fawning statehouse press corp as a series of progressive legislative victories. Meanwhile, in home districts across the state, communities of color are left to reckon with a disheartening array of broken promises on the part of their elected representatives.
In order to fast track the new governor’s politically measured policy agenda, legislators gutted crucial bill language and cast aside dozens of key proposals that would have advanced racial equity and justice in Illinois. The marijuana legalization bill, which now awaits Governor Pritzker’s signature, emerges as perhaps the most tragic of these squandered opportunities.
Early this year, Illinois lawmakers pledged to enact the nation’s most racially equitable cannabis legalization policy as a means to remedy the devastating impacts of the war on drugs, which was waged against communities of color for decades. However, the bill passed by the general assembly last Friday falls disastrously short of this guarantee. Not only does the legislation fail to enact retroactive resentencing for cannabis related offenses or secure equitable access to the industry, it also offers no protections for employees and tenants who lawfully consume marijuana.
The most calamitous blow to Illinois’ marijuana legalization policy, however, was lawmakers’ decision to slash a key statute that provided for the automatic expungement of certain cannabis related convictions. This measure would have removed unnecessary barriers to employment, education and housing for hundreds of thousands of Illinoisans. Succumbing to the outsized political influence of the state and local police unions, as well as the Illinois State's Attorneys Association (ISAA), legislators betrayed the interests of their constituents and replaced the automatic expungement clause with an all but impassible path to justice. The new legislation sets forth a cumbersome plan for individual record clearing that is subject to the approval of the governor, state police, prison review boards and local state’s attorneys. As a result, only a fraction of the nearly 800,000 Illinoisans facing barriers related to low level marijuana convictions will have their records cleared.
In passing the marijuana legalization bill, the numerous concessions lawmakers made on issues related to racial equity were not the result of constituent objections. In fact, criminal justice reform, records expungement and racial equity poll favorably in Illinois. Rather, the devastating rollbacks were undertaken in response to the vocal opposition of politically powerful police unions and the ISAA. These groups have campaigned tirelessly to propagate a flawed theory of public safety that calls for aggressive law enforcement and draconian sentencing practices. This misguided approach has only served to systematically undermine safety and liberation for communities of color. In order to achieve racial equity and justice in Illinois, lawmakers must prioritize the concerns of local constituents over those of well-funded, politically influential interest groups.
With the governor now expected to sign the marijuana legislation in the coming days, the Workers Center for Racial Justice (WCRJ) demands that Pritzker grant a blanket pardon and authorize the automatic expungement of all cannabis related convictions resulting in a Class 4 felony or below.
In the final weeks of session, Illinois lawmakers will consider a critical bill that would not only legalize the possession and sale of specified amounts of recreational marijuana, but would also automatically expunge conviction records for certain cannabis related offenses. By clearing criminal histories for an estimated 800,000 residents, SB 7 would undertake tangible steps towards achieving racial equity, justice and opportunity in Illinois.
Earlier this week, the politically powerful Illinois State's Attorneys Association (ISAA) voiced sharp opposition to the bill's crucial automatic expungement provision. In the following days, a representative from the Governor's office indicated at a legislative hearing that Pritzker would be willing to negotiate on the record clearing measure in order to advance cannabis legalization this session. Without a guarantee of conviction expungement, the recreational marijuana legalization bill would extend a hollow offer to the millions of Illinois residents directly impacted by the devastating and racially targeted war on drugs.
ISAA claims that the automatic expungement clause in the current marijuana legalization bill establishes a separation of powers violation, falsely asserting that the provision would unconstitutionally confer the governor's exclusive pardon rights upon the state legislature. However, SB 7 in no way authorizes the Illinois General Assembly to grant pardons. Rather, by passing the bill, the legislature would simply exercise its rightful authority to revise the state's legal code. In recent years, Illinois lawmakers enacted multiple amendments to the Criminal Identification Act, which governs state expungement policy, including the adoption of a similar automatic record clearing clause in 2016.
For decades, ISAA has relentlessly campaigned to obstruct criminal justice reform and propagate a regressive theory of public safety that relies on aggressive law enforcement and draconian sentencing practices. This misguided approach has only served to systematically undermine safety and liberation for communities of color. Indeed, county prosecutors across the Illinois have played an instrumental role in propelling the state's inhumane and racially targeted practice of mass incarceration.
No single piece of legislation can undo the far-reaching devastation unleashed by decades of predatory policing and overly punitive sentencing laws. And in fact, SB 7 would only moderately advance racial justice in Illinois, as the policy addresses just a limited number of minor cannabis offense categories and falls far short of enacting retroactive resentencing reform. However, the automatic expungement provision would remove barriers to employment, education and housing for hundreds of thousands of Illinoisans. WCRJ believes that passage of the entire bill - along with meaningful reform of toxic law enforcement practices, retroactive resentencing and racially equitable economic investment - is imperative in order to foster safety, opportunity and liberation for people of color across the state.
We've made it super easy to send a one-click, prewritten message urging Governor Pritzker, members of the Senate Executive Committee, and the Illinois State's Attorney Association President to support automatic expungement of cannabis related charges.
Since March, WCRJ’s allies have sent over 1,200 emails through our Racial Justice Online Action Center, demanding support from state lawmakers on policies that would promote equity, opportunity and liberation in Illinois. As a result of your commitment, two important bills that aim to secure crucial protections for workers across the state have passed the Senate. These policies now require passage through their assigned House committees before advancing to a full floor vote. As we enter the final weeks of session, WCRJ is demanding that Illinois lawmakers prioritize passage of these crucial policies.
With just a few clicks, you can send a pre-written message of support for these bills to every member of their assigned committees:
SB 1485, would require the Illinois Department of Human Rights (IDHR) to establish a telephone hotline and online portal for workers impacted by racial discrimination and harassment to anonymously report and pursue complaints. (Read More)
SB 471 would require all Illinois employers to provide full-time employees with a minimum of five days of paid sick leave per year. (Read More)
Your voice is vital to advancing the fight for racial equity. Advocate for the change you want to see in your city, state and beyond by visiting WCRJ’s Racial Justice Online Action Center and demanding policy action of your elected officials.