Under the Illinois marijuana law, anyone caught with 10 grans or less of cannabis will receive a fine up to $200. Two times a year, on January 1 and July 1, the citation are to be automatically deleted. While the law provides cannabis possession regulation uniformity statewide, municipalities still have the option to increase the fines and implement other punishments, including mandatory drug treatment for offenders.

Before cannabis was decriminalized in the state, someone caught with 10 grams or less of marijuana could spend 6 months in jail and pay a fine up to $1,500. Also under the old Illinois marijuana law, a driver could have been charged with a DUI if any hint of cannabis was discovered during a traffic stop, even if ingestion occurred weeks before.

Now, drivers will not receive a charge unless test results find five nanograms or more of THC, the chemical that induces marijuana’s psychological effects, in their blood. If a saliva test indicates 10 nanograms or more, then a driver will also be given a citation.

Some argue whether state law enforcement agencies will be able to effectively implement a system to test drivers for marijuana impairment. Michael O’Meara, a private defense attorney, doesn’t think testing for THC can be done efficiently during a traffic stop.

“It is going to be much more difficult for law enforcement to successfully prosecute DUI cases for marijuana,” he said.

Without reliable test results, the state will also have a difficult time proving in court that someone was under the influence of marijuana at the time of their citation, O’Meara added. While a driver runs the risk of license suspension, he also predicts many will simply refuse to submit a blood or saliva test.

According to a local Chicago ordinance passed in 2012, police officers can issue a ticket to anyone in possession of 15 grams or less of cannabis. The individual would have to pay a fine ranging from $250 to $500.

The state’s new marijuana law will not supersede the Chicago ordinance. However, it will make it easier for towns and other municipalities to create uniform measures statewide, especially in areas where no marijuana laws exists.

“I’m obviously thrilled that the state is taking this approach,” said Amy Campanelli, who heads the Cook County Public Defender’s office. “It’s a progressive, fair criminal justice reform.”

The governor’s approval of marijuana decriminalization came after changes were made to similar Illinois legislation passed last year by the General Assembly. Before the law was amended, Rauner believed it did not provide enough restrictions on the amount of pot someone could carry and the fines were too small for offenders.

While the law decriminalizes marijuana, it is still unlawful to possess, and the Illinois State Police will still be looking for offenders.

The Illinois marijuana law will help reduce the burden on the state’s already congested court system.

“We applaud Gov. Rauner and the legislature for replacing Illinois’s needlessly draconian marijuana possession law with a much more sensible policy,” said Chris Lindsey, the senior legislative counsel for the Marijuana Policy Project. “This commonsense legislation will prevent countless citizens from having their lives turned upside down by a marijuana possession arrest.”

Now that the new marijuana law is in effect, Illinois is the 21st state to make small amounts of pot possession a civil matter rather than a criminal offense. While the decriminalization will prevent someone from ending up behind bars, it still doesn’t stop police from seizing and destroying the cannabis when it is found.

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A similar bill, approved last year by the General Assembly, was allowed to die after Gov Bruce Rauner used his amendatory veto powers to propose tighter restrictions. The new bill, sponsored by Sen. Heather Steans, D-Chicago, and approved Wednesday by the Senate Criminal Law Committee, incorporates the changes Rauner suggested.

Those include lowering the threshold for being ticketed rather than arrested for marijuana possession for quantities up to 10 grams. The original bill set the threshold at 15 grams, equal to about 30 joints.

The new bill also raises the range for fines to $100 to $200 from $55 to $125 and lowers the limit at which someone can be charged with driving under the influence of marijuana. Last year’s bill put the limit at 15 nanograms per milliliter blood, and the new measure would set it at five nanograms, the level Rauner suggested in his veto message.

Steans said the bill is aimed at “providing more consistent and fair enforcement and prosecution and cannabis possession across the state.”

The measure would also automatically expunge marijuana possession citations from people’s records every six months. It would not supersede local laws enacting fines for marijuana possession.

An assistant state’s attorney from Cook County, Brandon Nemec, said prosecutors support the measure.

“It’s very much a resource-based rationale for why we support this legislation,” Nemec said. “All too often, particularly in Cook County, we have a situation where an individual is arrested for a small amount of cannabis, they are sought to appear before a court, and the case is dismissed.”

These situations use up resources that could be better spent investigating and prosecuting high-lever drug crimes and violent offenses and “put someone into the criminal justice system with an arrest on their record,” he said.

One of the three Republicans who voted against the bill, is Sen. Dale Righter, R-Mattoon.

Sen. Dale Righter, R-Mattoon, was one of the three Republicans on the committee who voted against the bill.

Righter, a former prosecutor, said he has questions about whether the legal system would still be able direct people who need it into drug treatment and how circuit court clerks would handle expungements.

Ralph Rivera of the Illinois Family Institute testified at the committee hearing that he shares the concern about people getting the intervention or treatment they need.

“We’re always concerned about what message it is for the youth,” he said.

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