Marijuana Use and DUI Charges in Illinois

 Posted on March 05, 2019 in DUI

Over the years, states and national organizations have focused on preventing people from drinking and driving. Multiple ad campaigns have been launched telling people “friends do not let friends drive drunk,” and “buzzed driving is drunk driving.” Still, alcohol is not the only intoxicating substance that DUI laws cover. 

In the state of Illinois, citizens are not permitted to be under the influence of alcohol, drugs, or any combination of the two while they are in physical control of a motor vehicle. With the legalization of recreational marijuana in many states and the permittance of medical marijuana in a majority of states, driving under the influence of marijuana has become more prevalent.

Medical Marijuana in Illinois

Since 2014, Illinois residents have had access to medical marijuana as long as they have a written recommendation from a doctor and they obtain a medical marijuana ID card from the Illinois Department of Public Health. There are 41 ailments that qualify for a medical marijuana card, including cancer, HIV/AIDS, post-traumatic stress disorder (PTSD), and seizures. Medical marijuana cardholders are allowed to have up to 2.5 ounces of marijuana in the vehicle with them as long as the marijuana is in a sealed container. Even if marijuana is medically prescribed, you are not permitted to be under the influence of cannabis while you are operating a motor vehicle.

Illinois DUI Laws

In most states, the legal threshold to be considered under the influence of alcohol is having a blood-alcohol concentration of .08 or more. Like the BAC limit, there is a limit as to how much THC (the psychoactive ingredient in cannabis) is permitted to be in your system while you are driving. In Illinois, you are legally considered to be under the influence of marijuana if you have a THC concentration of five nanograms or more per milliliter of blood or 10 nanograms or more per milliliter of a different bodily substance.

Marijuana DUI Penalties

If you are convicted of a DUI while under the influence of marijuana and this is your first DUI offense, you will be charged with a Class A misdemeanor. This means you could face up to a year in jail, $2,500 in fines, and a driver’s license revocation of one year. If you were found to be under the influence of marijuana while driving or you had marijuana in the vehicle with you and you are not a medical marijuana patient, you can also be charged with possession of a controlled substance.

Contact a Rolling Meadows, IL Marijuana DUI Defense Lawyer

Any DUI charge is a serious matter. That includes being charged with a DUI while under the influence of marijuana. For help, trust a knowledgeable Arlington Heights, IL marijuana DUI defense attorney with your case. Scott F. Anderson, Attorney at Law has years of experience successfully defending clients accused of driving under the influence. Call our office today at 847-253-3400 to schedule a free consultation.

Sources:

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