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Marijuana DUI Laws in Illinois: How Much THC Can Be in My System?

Posted on in DUI Defense

thc marijuana laws in illinois, DuPage County DUI defense lawyerIllinois has made significant strides toward more sensible marijuana regulations. Governor Quinn signed SB 2228 into law in 2016. With the signing of that bill, for the first time in Illinois, the courts did away with the "zero tolerance" policy regarding the operation of a vehicle while having Tetrahydrocannabinol (THC) in a person's system.

The way the law operates today is comparable to how the state regulates drinking and driving. In contrast to the way the old law worked where any presence of THC in a person's system was enough for a marijuana DUI conviction, the law now considers a tiered-based system. For example, the law mandates that someone is not allowed to operate a motor vehicle with more than 5 ng of THC per ml of blood or 10 ng of THC per ml of any other bodily substance.

Is Buzzed Driving the Same as Stoned Driving?

With the new law enacted, many are wondering how they can determine if they are over the legal limit. The reason there is no one-size-fits-all answer is that the amount of THC in a person's system and how quickly it filters through their system is dependent upon several factors. These considerations include:

  • A person’s size
  • A person’s height
  • Potency of the Marijuana used
  • A person’s metabolism

Other scientific aspects also must be considered, such as the fact that red blood cells cannot absorb THC well and that the amount of THC that can be detected in one's blood spikes immediately after use, but declines rapidly after that. This is the same with saliva; the detectable presence spikes immediately after use but rapidly declines afterward as well. In any event, experts recommend that you wait at least three hours after using marijuana to drive as studies have shown even the slightest feeling of being buzzed correlates to THC levels in one’s blood that are far above the legal limit.

Have You Been Arrested for Driving Under the Influence of Marijuana?

Although the law has changed, getting arrested for any type of DUI can carry steep consequences that can affect many areas of your life. Do not face those charges alone. Contact an experienced DuPage County DUI lawyer to defend your rights and minimize any damage done by a DUI arrest or conviction. Call McMahon Law Offices at 630-953-4400 and schedule a free consultation today. 

Sources:

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

http://www.nejm.org/doi/full/10.1056/NEJMp1000695

http://www.wbur.org/morningedition/2016/12/13/marijuana-driver-impairment-testing

http://www.chicagoreader.com/Bleader/archives/2016/08/02/new-illinois-law-defines-stoned-driving

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