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How Much Cannabis Creates Driving Impairment?

Posted on in DUI Defense

DuPage County DUI defense attorney, driving impairment, marijuana DUI, Illinois DUI, DUI chargeAs marijuana becomes increasingly mainstream, legal questions arise. Although nothing has come to pass as of this writing, Illinois may become the next state to legalize recreational marijuana usage. 

In March 2017, two state lawmakers introduced legislation to both the House and the Senate which would make it legal for adults over the age of 21 to possess, grow, and purchase pot. If this occurs, or if you qualify for the already legal medicinal marijuana, or even if you are one of those who enjoys the recent decriminalization of small amounts of the substance, questions about impairment and driving come to mind. What constitutes DUI marijuana

Stoned Driving Laws 

Illinois already has existing stoned driving laws applicable to those who choose to drive after using marijuana. Failure to submit to a sobriety test or failure of the test results in license suspension. However, there must be a reason to believe a driver is breaking the law before requesting submission of such an examination—for example, the driver has his or her cannabis open and on the passenger seat of the vehicle.

Driving while under the influence of marijuana faces the same repercussions as DUI alcohol, with a difference being the toxicity levels. The limitations are as follows:

  • Over the limit is five or more nanograms of THC present in the blood; and
  • The limit is 10 nanograms of THC in the saliva.

Influential Factors

Just as with alcohol measurements, many factors influence levels of intoxication. Not only are the methodologies utilized to measure the amount of THC within the body not proven, other details may cause a false reading. These include but are not limited to the following:

  • An individual’s size;
  • A person’s weight;
  • Potency of the product;
  • Sleep levels;
  • Other medications; and
  • Absorption rates.

Exceptions and Assistance

Patients who have the legal authority to lawfully consume cannabis under the Compassionate Use of Medical Cannabis Pilot Program Act need not be concerned with the amount of THC within their blood, as long as they are not impaired to drive.

If you received a citation or face license suspension due to DUI marijuana, it is important to contact an attorney as soon as possible as these laws and regulations are in a constant state of fluctuation. If you would like to discuss your case with a DuPage County, IL DUI defense attorney, contact McMahon Law Offices today. We offer a free and convenient consultation to those who call 630-953-4400 today.

Sources:

https://www.mpp.org/states/illinois/

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

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

DuPage County Bar Association Illinois State Bar Association 9.9Michael Francis McMahon Illinois Prosecutors Bar Association Michael Francis McMahonReviewsout of 6 reviews
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