Across the country, more and more states are beginning to loosen the restrictions on laws surrounding the possession and use of marijuana for both medicinal and recreational purposes. Currently, there are 33 states that permit residents with certain conditions to use marijuana, while only 11 states, including Illinois, allow recreational use of marijuana. Even though cannabis is legal for adults to possess and consume, many people do not know that you can actually be charged with a DUI if you get caught while driving while you are under the influence of marijuana. This can result in significant criminal penalties, so it is imperative to consult a skilled attorney to understand your defense options.
Cannabis and Illinois Driving Laws
With the recent legalization of recreational marijuana for adults over the age of 21, some were concerned with how the change would affect existing DUI laws. However, the laws are clear that cannabis is included as a prohibited intoxicating substance, despite the reason for its use. According to the most recent Illinois DUI Fact Book, “A driver may not operate a motor vehicle while impaired by the use of cannabis, whether used medically or recreationally.”
Like alcohol, cannabis also has a limit for the amount of THC, which is the psychoactive ingredient in marijuana, present in your bloodstream while you are operating a vehicle. Just like the legal limit for your blood alcohol concentration (BAC) is 0.08 percent, the legal limit for THC is 5 nanograms per milliliter of whole blood or 10 nanograms per milliliter of another bodily substance....