By Julissa N. Flores
Alex J. Coba Venegas a few months after his conviction for possession of half an ounce of marijuana
As the 23-year-old man named Alexander J. Coba Venegas sat in his red vehicle with his two friends, Adrian and Mike, they began to smoke by the lake in the middle of a warm Chicago night. As the night continued, a police officer approached them due to the smell of marijuana and smoke coming directly from where they were parked.
The officers asked them to step out of the vehicle and asked if they had any possession of marijuana. Venegas and Mike, each had half an ounce of marijuana with them. The officer took both of them to the station, letting the third friend go. At the station, both men got processed and stayed in a cell for a few hours until their bail went through.
They were both convicted of possession and appeared in court the following month to plead guilty of possession and pay the fine that the judge issued.
Recreational marijuana will become legal in Illinois on January 1, 2020, making Illinois the 11th state to legalize marijuana. The legalization of recreational marijuana comes with many restrictions and confusion. Many marijuana convictions will be expunged for those convicted of 30 grams or less.Many companies will continue their drug-free policies. Officers will begin to enforce their policies when it comes to stopping people for smoking and driving along with giving out tickets for smoking in public. Similar to the restrictions and laws for alcohol, marijuana will have some similarities.
The law allows for people convicted of possession of under 30 grams prior to legalization to have their records referred to the Prisoner Review Board and Governor Pritzker for pardon. If the pardon is granted, the Illinois attorney general will move to expunge their records. Those convicted of possession of larger amounts can petition for expungement themselves.
“I got lucky because I already had a job,” said Venegas who works as an apartment maintenance in Newberry Plaza.
According to Venegas, Mike was not so lucky after the conviction because he had difficulty looking for a job since many did background checks.
“ Jobs look down upon drug dealers… so if they see you were arrested for simple possession it can be a negative look,” Venegas said, adding that expunging this conviction will make it easier for himself and his friend to get the job they’ve been wanting to get.
According to ABC7, back in September a free marijuana conviction expungement clinic and job fair took place at Third Wave Coffee in the West Loop. There they offered legal assistance and record sealing and expungement processing for any non-violent convictions. Another one was done recently on December 6, with many more to follow.
As the 25-year-old man named Michael Alexander Alvarado began to unzip his black and purple FedEx jacket, he took a deep breath as he sat in his lawn chair. In the distance, his brother began to light up his green, glass bowl as the sound of the herb sizzled. All that could be seen was the heavy cloud of smoke as it floated up his nostrils and mouth.
“I’ll give it like 2 or 3 years until they change that rule. They still have to pass a bill in this state so they won’t drug test for marijuana,” said Alvarado, who is a contract driver for one of FedEx’s facilities in Skokie. Alvarado added that FedEx will continue their drug-free policy when it comes to drug usage, especially when it comes to their drivers since the company follows federal laws, not state laws.
Alvarado has worked as a driver for FedEx for about three years. He says that after the drug test during the hiring process, the company conducts random drug testing. However, not every position within FedEx require a drug test.
Despite recreational marijuana becoming legal at a state level, employers still have the right to have drug-free workplace policies, require drug testing and to take action against employees who violate those policies, according to Stephanie Dodge Gournis, a partner at Drinker Biddle & Reath who works in Chicago. Illinois has a law where employers can not discriminate against employees using legal products but still possess the right to carry out their policies. Until marijuana becomes legal federally, employers are free to decide what actions and policies to enforce toward their employees smoking marijuana, according to the Chicago Tribune.
In 2015, there was a case in Colorado where a man was taken to court for using medical marijuana at home since marijuana is still illegal under federal law. The case was taken to Colorado Supreme Court where the court ruled in favor of Dish Network in terminating his employment, according to the Chicago Tribune. There are many cases dating back until 2012, where the Supreme Court rules in favor of employers because marijuana is still illegal under federal law and employers are free to enforce their drug-free policies and take action as they see necessary.
The legalization of marijuana not only impacts company workers but also workers within the force. As the 32-year-old police officer named Yasmine Navarro stepped out of cop SUV, she made her way into Dunkin Donuts located on Marquette and Kedzie.
“DUIs are mostly for alcohol. But now with the legalization of marijuana people have different reactions to it and driving is definitely prohibited. So now we just enforce it. It will definitely be more time consuming, ” said Navarro, adding that DUIs involve driving while under the influence of alcohol, other drugs or any intoxicating compound.
According to Officer Navarro, in order to give out a DUI for marijuana, the officers base it from what they smell, and their observation of the person since they are aware that a person's vehicle can smell like marijuana but it doesn’t necessarily mean the driver it impaired. Some things officers will look at for someone who is under the influence of marijuana are slow reactions and droopy eyes followed by their field sobriety test.
Their field sobriety test include walking and turning, standing on one leg, following the officer's pen with their eyes. Within these three steps, officers will be looking for clues of not being able to keep balance, not counting out loud, moving your head when you’re only supposed to use your eyes, not remembering the instructions, etc. If the driver does not pass the test, officers can arrest you, search the car, and impound the vehicle, according to Navarro.
“I feel comfortable enforcing it, but I know most officers do not just because of the process and paperwork is a lot. Plus, one thing that puts officers down is that at court the defense attorney will try and scrutinize every little thing the officer did,” said Navarro as she shook her head while taking a long, deep sigh. She added that since the process and paperwork is a lot, it can be discouraging when an attorney tries to discredit them and in the end, after all that work, there is no conviction. However, the more officers do it, the more they will feel comfortable with, said Navarro.
According to ABC7, people will not be able to smoke marijuana in public. They will be able to smoke in their private residency, however, if there is a balcony and the public can see you, people are allowed to call the cops and they will give out a ticket for smoking in public.
Source List:
Alexander J. Coba Venegas, 23
Apartment Maintenance
Michael Alexander Alvarado, 25
Contracted Driver for FedEx
Yasmine Navarro, 32
Chicago Police Officer
Chicago Tribune
ABC7