A Quick Guide to Illinois Cannabis Laws Part 2 - DUI's & Cannabis in Illinois

 Posted on November 18, 2024 in DUI

 Part 2 – DUI’s & Cannabis in Illinois

Driving under the influence of cannabis, like alcohol, is illegal in Illinois, with strict regulations to ensure road safety.

Prohibition on Driving Under the Influence:

·         For drivers aged 21 and older, a THC concentration of 5 nanograms or more per milliliter of blood, or 10 nanograms or more per milliliter of another bodily substance (like saliva) can lead to a DUI charge.

·         Illinois has a zero-tolerance policy for drivers under 21. Any detectable THC level, regardless of the amount, can result in a DUI charge.

Implied Consent Law

Illinois operates under an implied consent law, meaning that by driving in the state, you automatically consent to chemical testing (such as blood, urine, or saliva tests) if suspected of driving under the influence of cannabis. Refusing to undergo testing can lead to license suspension:

·         First refusal: 1-year license suspension;

·         Subsequent refusals: A 3-year license suspension.

Penalties for driving under the influence of cannabis can be severe:

·         First violation: Class A misdemeanor, up to one year in jail, fines up to $2,500, and a minimum 1-year license suspension;

·         Subsequent violations: Higher fines, longer jail time, and longer license suspensions. Multiple violations can result in felony charges, leading to even more serious consequences, such as prison time.

Impact on Medical Cannabis Patients:

Medical cannabis patients are not exempt from DUI laws. Even with a valid medical cannabis card, they cannot drive under the influence of cannabis and must adhere to the same possession and transportation rules when driving.

Law Enforcement Detection Methods:

Law enforcement officers in Illinois are trained to detect impairment from cannabis use. They may use field sobriety tests, breath tests, and chemical testing to determine impairment. Observing erratic driving behavior, bloodshot eyes, the odor of cannabis, or other signs may prompt further investigation.

Final Thoughts

While cannabis is legal in Illinois, it is very important to stay informed about the specific regulations and guidelines. Always buy from licensed dispensaries, consume responsibly, and understand the limits to avoid legal issues. Driving with cannabis carries serious legal risks if not done in compliance with the law. The best practice is to avoid consuming cannabis if you plan to drive and ensure that any cannabis transported in a vehicle is properly sealed and stored. As laws may change, keep an eye on updates to stay compliant with Illinois cannabis regulations.

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