The discussion regarding marijuana continues to evolve, and the applicable laws are constantly adjusting to meet society’s needs. Recently, Senate Bill 2228 was introduced and passed into law to alter the details surrounding charges and penalties regarding marijuana and driving under the influence, or DUI. Although the new law is not perfect, it seems to be a step in the right direction.
For the safety of you, your passengers, and others on the roadway, it is illegal to drive while impaired, regardless of the substance used. Previously, Illinois was a “zero tolerance” state according to the Cannabis Control Act and Vehicle Codes, meaning if any amount of marijuana was found in the system of a driver upon testing, that would be enough for a potential conviction. As of July 29th, 2016, there is a new legal limit of:
- Tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of five nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood; or
- Ten nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance.
While this does provide some leniency compared to a zero-tolerance policy, as with alcohol impairment, various substances affect individuals differently depending on a variety of factors. Therefore, even if you have not reached these legal limits, if you are still considered to be impaired, you may be arrested based on the judgment of the attending officer....