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New Illinois Marijuana Law Will Have Little Impact on DUI Procedure 

Posted on in DUI Drugs

New Marijuana Law Will Have Little Impact on DUI Procedure With the national perception of recreational marijuana changing gradually throughout the United States, perhaps few were surprised when the Illinois General Assembly passed a marijuana bill last May, essentially legalizing marijuana for recreational users age 21 and older. With Illinois Governor J.B. Pritzker signing the bill into law, the Cannabis Regulation and Tax Act will go into effect starting Jan. 1. While the new law is expected to bring in significant tax revenue and result in potential pardons for those previously charged with marijuana possession, it should have little effect on the way in which law enforcement officials view driving under the influence of marijuana. 

Driving After Marijuana Use

The Cannabis Regulation and Tax Act will drastically alter the landscape of recreational marijuana use statewide. Users will now be allowed to possess up to 30 grams of marijuana legally, and nearly 300 recreational marijuana stores could be established throughout the state by 2022. All that said, the law will not drastically change the way in which driving under the influence of marijuana is treated in Illinois. 

With a law already in place to stop people from driving after marijuana use, police will be on the lookout for impaired drivers. Drivers with THC blood concentration of five nanograms or more per milliliter will be found guilty of driving under the influence and face a Class A misdemeanor charge. The new law will likely lead to more roadside surveillance with Illinois State Police developing a task force to find the most accurate ways to roadside test for marijuana use. At this moment, the standard roadside procedures include:

  • Examining the eyes of the driver
  • Testing the driver’s motor skills (such as walking in a straight line or balancing on one foot)
  • Blood tests if deemed necessary

If you have been charged with driving under the influence, it is important to seek out the help of a legal professional. 

Contact a DuPage County DUI Attorney

At McMahon Law Offices, we fully understand the legal ramifications of a DUI conviction. A first-time offender can face significant fines, insurance hikes, and a serious mark on their permanent record. Recognizing the implications of a conviction, we are prepared to do everything in our power to avoid a conviction. If a conviction is unavoidable, we will help you navigate the proper channels to regain your driving privileges. To schedule a complimentary consultation with a knowledgeable Oak Brook DUI defense lawyer, call us today at 630-953-4400




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