Can I Drive After Smoking Marijuana?

Marijuana use and possession is now legal in Illinois. However, it remains illegal to drive or be in physical control of a vehicle while under the influence of cannabis or to have specific levels of THC in your body.

In January of 2020, Illinois joined a number of other states in legalizing recreational use of marijuana. The use of Medical marijuana had been legal in Illinois since 2014. If you are 21 or over, you can now possess up to 30 grams of cannabis; edibles is limited to 500 mg of THC. 

Driving under the Influence of Marijuana

Illinois provides two ways for you to be charged with a marijuana DUI:

  • Driving under the influence alone or with a combination of other drugs or alcohol 
  • Driving with an excess concentration of THC of 5 or more nanograms in your bloodstream or 10 or more nanograms in any other bodily substance (e.g. saliva or urine) within 2 hours of driving or being in physical control of a motor vehicle.

I have a Medical Marijuana Card 

If you are a registered medical marijuana user, then the law of driving with an excess amount of THC in your body does not apply to you. Therefore, if you are arrested for a marijuana DUI, you can only be charged under the section of the officer's belief that you are under the influence of marijuana.

Medical Marijuana

The medical marijuana law went into effect on January 1, 2014, which allows those with certain medical conditions to legally possess and use marijuana. Those individuals who have a qualifying medical condition and wish to use medical marijuana may apply for permission to use it. Upon approval, they are granted a Medical Cannabis Registry Card. This card gives the patient immunity from state or local laws prohibiting the possession or use of marijuana, provided that the patient complies with the law’s requirements. 

A person who holds a Medical Cannabis Registry Card is also granted immunity from that part of the marijuana DUI law, which prohibits driving or being in physical control of a motor vehicle at or above the THC limit of 5 or more nanograms of whole blood or 10 or more nanograms of other bodily substances. 

However, the law does not grant the person immunity if their use of marijuana has caused actual impairment which makes them unable to drive safely. Furthermore, individuals with a Medical Cannabis Registry Card may be subject to a statutory suspension if they are impaired.

Penalties of Marijuana DUI

The penalties of a Marijuana DUI are basically the same for an alcohol DUI. As a general rule, sentencing ranges from supervision These penalties can range from court supervision to prison time depending on your prior record and any aggravating factors present in the case. 

A first offense cannabis-based DUI is usually charged as a Class A misdemeanor, which carries a maximum penalty of up to 12-months in jail and a $2,500.00 fine plus mandatory fees and court costs. At a minimum, if found guilty after trial or after a plea of guilty, you would be required to complete an alcohol/drug evaluation, risk education classes, possible treatment, attend a victim impact panel and pay court assessments.

Will my Driver's License be Suspended?

If you are arrested for a marijuana DUI, you will be issued a statutory suspension of your driver's license automatically on the 46th day after you were served a notice of of Statutory Summary Suspension, which is typically the day of your arrest.

If you are arrested for a cannabis DUI, you are subject to two different types of statutory summary suspensions.

  1. The first type involves a statutory summary suspension entered where the law enforcement officer has a reasonable suspicion that you are impaired by the use of cannabis, but not enough cause to arrest Refused testing: 12-month license suspension Failed testing: 6-month license suspension
  2. The second type of statutory suspension is entered where the law enforcement officer has probable cause that you are driving under the influence of cannabis. After arrest, if you subsequently refuse chemical testing or fail chemical testing the following suspension will be entered. Refused testing: 12-month license suspension Failed testing: 6-month license suspension

If you have a prior DUI or statutory summary suspension within 5-years of the current arrest you are not considered a first offender for purposes of the summary suspension. As a result, you face the following enhanced driver’s license suspensions: Refused testing: 3-year license suspension Failed testing: 1-year license suspension

If you are a first offender and receive this type of statutory summary suspension, you are eligible for a Monitored Device Driving Permit as long as you do not also receive a statutory summary suspension based on refusal or failing field sobriety testing. 

Also, if you have a commercial driver’s license (CDL), you are also subject to a 12-month CDL disqualification (and a lifetime loss of CDL in the case of a second suspension) if you refuse or fail chemical testing after arrest. The disqualification applies whether you were driving a commercial or non-commercial vehicle at the time of the offense. 

If you are ultimately convicted of a cannabis DUI, a driver’s license revocation will be imposed for a minimum period of one year. This is a separate driver’s license consequence from the statutory summary suspension. You will be required to have a hearing before the Illinois Secretary of State in order to regain any driving privileges.

Contact a Top Rated Marijuana DUI Lawyer

If you have been arrested for a cannabis DUI, you need an experienced Will County Defense Lawyer on your side. The Law Office of Jack L Zaremba has handled thousands of cases and has the experience you need. Don't Delay. Give us a call at 815-740-4025 or send us an email via the contact form.