Illinois: Should Courts Deny Petitions To Seal Or Expunge Records Based On Positive Cannabis Drug Test?

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Illinois lawmakers sent a bill to Gov. J.B. Pritzker (D) that would revise the state’s Criminal Identification Act to avoid courts denying petitions to expunge or seal records based on a positive drug test for cannabis, reported Marijuana Moment.

HB 4392, sponsored by Rep. Carol Ammons (D), stipulates that courts “shall not deny a petition for expungement or sealing because the petitioner has submitted a drug test taken within 30 days before the filing of the petition for expungement or sealing that indicates a positive test for the presence of cannabis within the petitioner’s body.”

According to Rep. Ammons, the measure closes an “existing loophole” in the legislation that could affect people who qualify for record expungement.

Meanwhile, HB4116 from Rep. Bob Morgan (D) and Sen. Robert Peters (D), a bill that would have provided protection to workers who lawfully use marijuana off the job (when they are not on-call), and prevented discrimination against job applicants who test positive for cannabis, was adjourned in the Senate.

Photo by Erol Ahmed on Unsplash

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