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Marijuana Legal Limits Have Changed

DuPage County criminal defense lawyerThe 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.

Legal Limits

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.

Other Changes

The new law has a further reaching impact than just legal limits. Other changes include:

  • Possession of up to and including 10 grams of marijuana is no longer a state crime, but is a civil offense punished by a fine between $100 and $200;
  • The Drug Paraphernalia Control Act has been amended to reflect paraphernalia seizure upon arrest;
  • Using cannabis-based product manufacturing equipment is considered a Class 2 felony; and
  • The new ordinance does not invalidate any existing regulation enacted by any municipality or unit of local government which imposes a fine upon cannabis, other than as defined in the Cannabis Control Act.

If you or a loved one has been recently charged with DUI marijuana or other drug related crime, understand that the law is fluctuating, and there are many unresolved loose ends. While these “loopholes” may not be evident immediately, with the assistance of a skilled legal professional, there may be more leniency available. Every case is different and should be treated as such. If you are interested in discussing the details of your case with a DuPage County, IL criminal defense attorney, contact Davi Law Group, LLC today at one of our four offices in Chicago, Wheaton, Joliet, and Warrenville by calling (630) 580-6373. We proudly serve clients throughout DuPage, Kane, Will, Cook and Kendall Counties.



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Joliet, IL 60432
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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.




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