Understanding a Cannabis DUI

 Posted on May 22, 2023 in DUI

Consuming cannabis better known as marijuana is legal in Illinois although there are age restrictions. However, driving under the influence of marijuana is not permitted. Even if you use marijuana for medicinal purposes it is still illegal to drive under the influence of cannabis. Illinois lawmakers are considering a law that would prevent law enforcement officials from searching your vehicle simply because the smell of marijuana emanates from the car. So what are your legal options if you are facing a cannabis DUI?

Recreational Use and Cannabis DUI Charges

Tetrahydrocannabinol or THC (cannabis) is a mind-altering chemical in marijuana. If a person has a THC concentration of 5 or more nanograms in their bloodstream or 10 or more nanograms in any other bodily substance within two hours of driving, they can be charged with driving under the influence of drugs. The penalties for a cannabis-DUI conviction can include fines, license suspension, and jail time.

The effects of marijuana vary from person to person. The THC can remain in a person's system for days or even weeks. This means that a person who has consumed marijuana even days before driving could still be charged with a DUI if the chemical levels are above the legal limit.

Under the recreational cannabis law, it is legal for anyone 21 years or older to use and possess marijuana products but there is a limit of 30 grams of cannabis flower or 500 mg of THC when it comes to products infused with cannabis.

Medicinal Use and DUI Charges

Illinois law allows the use of cannabis for medicinal purposes, but this does not mean that registered users are exempt from laws regarding driving under the influence. A driver may not operate a motor vehicle while impaired due to cannabis. It is important to understand that a registered medical marijuana user could be charged with cannabis DUI based on an officer’s impressions rather than on the presence of THC in the person’s system. Therefore, it is crucial for medical cannabis users to always carry their medical cannabis cards to avoid legal issues.

If you are found guilty of driving under the influence of cannabis your driver’s license will be suspended for six months to a year, you will face a $2,500 fine, and could end up in jail for up to one year. Second-time offenders will lose their driving privileges for two to three years, have to pay heftier fines, and spend up to three years in prison. You may be required to receive counseling and complete community service.

Cannabis Smell and Sighting

Illinois lawmakers are considering a law that would prevent law enforcement officials from searching your vehicle simply because the smell of marijuana emanates from the car. But until that bill is approved by the House and signed into law by the Governor, merely the smell of marijuana can lead to trouble with the law. Currently, the sight of marijuana or paraphernalia can be enough to make an officer reasonably suspicious and want to search your vehicle without a warrant. For that reason, it is important that all THC products are stored in containers that are odor-proof and child-proof containers and placed in compartments inside the vehicle so that they are not visible.

Contact a Kane County Criminal Defense Lawyer

If you are facing cannabis-DUI charges you need a skilled Elgin, IL criminal defense attorney who will meet with you to go over your case. At The Law Office of Brian J. Mirandola, we will guide you and explain your best legal strategy to fight the charges against you. Call 847-488-0889 for a free consultation.

Sources:

https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=0125&GAID=17&DocTypeID=SB&LegID=143516&SessionID=112&SpecSess=&Session=&GA=103