What Are the Marijuana DUI Laws in Illinois?

 Posted on March 22, 2019 in DUI Defense

While we have seen national campaigns designed to combat driving under the influence of alcohol for decades, the concept of drug DUIs is fairly new in the public consciousness. Since the legalization of medical marijuana and recreational cannabis in a growing number of states, law enforcement has been forced to adjust.

That includes in Illinois, where medical cannabis was legalized in 2013. There are now approximately 40,000 medicinal users registered through the Illinois Department of Public Health, in addition to thousands of unregistered recreational users throughout the state. Like alcohol, there are strict rules in place to limit the frequency of marijuana DUI.

Cannabis DUI in Illinois

Illinois law states medical marijuana users may not drive under the influence of cannabis, and they must transport it in a sealed container that is not accessible while the automobile is moving. If a licensed patient or any citizen is pulled over, and the officer believes the driver is impaired by cannabis, they must submit to field sobriety testing. Refusal or test failure results in a driver’s license suspension and possible revocation of their medical marijuana card.

If the officer requests a chemical test, the same rules as an alcohol DUI apply. If a driver’s THC level is 5 nanograms or more per milliliter of blood, or 10 nanograms per milliliter or higher of another bodily substance, they can be charged with DUI. If you are not a medicinal cardholder and have cannabis in your vehicle, you can be charged with possession of marijuana.

DUI Penalties in Illinois

An individual who fails a THC chemical test as a first-time DUI offender loses their license for six months, but they can maintain their driving privileges with a monitoring device driving permit (MDDP). A second or subsequent arrest within five years leads to a one-year license suspension.

A person with no previous DUI arrests who refuses testing is subject to a 12-month license suspension, with MDDP eligibility. Any further instances within a five-year period result in a three-year license suspension for each offense.

These penalties increase for a DUI conviction or aggravated DUI. Regardless of the circumstances in your case, it is imperative to enlist the help of an experienced DUI attorney who can get you the best possible deal and terms.

Contact a Skokie DUI Lawyer

Without skilled legal representation, an alcohol or cannabis DUI can severely impact your life. Luisi Legal Group has decades of combined experience helping clients achieve favorable outcomes. To learn how a Rolling Meadows DUI attorney can help you today, call 773-276-5541 for a free consultation.

Sources:

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/home.html

https://norml.org/legal/item/illinois-medical-marijuana

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf