Politics
Illinois Divorce Courts Struggle To Manage Cannabis Cases
By Ramone Tarnaski
Most people now know that Illinois passed a sweeping law in 2019 that decriminalizes cannabis for recreational use. The law also included a provision prohibiting discrimination in certain court proceedings. But the anti-discrimination provision has not been fully enforced by the courts, at least not in this part of the state.
To better understand this problem, it is important to draw on personal experience and see how politics and practice often clash. I have learned from my own personal experience and have seen how the politics of practice and the law often conflict.
The idea is that you don't want people arguing about cannabis use in divorce court or juvenile court. This seems pretty clear to most laymen who have read the law, but although the substance is perfectly legal for personal consumption in the state, it is unfair and nonsensical for a court to strip someone of their parental rights because they have done something that could not even lead to a ticket.
Unfortunately, the regrettable truth is that judges and DCFS officials are simply unwilling in many cases to follow the clear language of the Statute. Instead, they often fall victim to outdated thinking about the drug and carry long-standing prejudices against cannabis.