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Rolling Meadows, IL criminal defense attorney marijuana DUI

As of January 1, 2020, Illinois became the 11th state to legalize the recreational use of marijuana in the United States. Even though residents and visitors who are 21 or older can legally purchase and consume cannabis, there are certain restrictions on the amount that can be bought and where it can be ingested. The increased presence of marijuana in the state has had some people wondering whether or not they can be charged with driving under the influence (DUI) if they are caught driving a vehicle while under the influence of cannabis. The short answer is yes.

Marijuana DUI Laws in Illinois

Under Illinois law, you can be charged with DUI if you operate a motor vehicle while under the influence of alcohol, intoxicating compounds, methamphetamines, or “other drugs, including cannabis prescribed for medical purposes.” You are likely aware of the legal blood alcohol content (BAC) limit of .08, but there is also such a limit for tetrahydrocannabinol (THC) in your blood when you are driving a vehicle. In Illinois, a person is considered intoxicated if they are measured as having 5 nanograms or more of THC per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance.

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Arlington Heights, IL drug charges defense attorney

Last May, the state of Illinois became the 11th state to legalize the recreational use of marijuana. The new law went into effect on January 1, 2020. According to dispensaries across the state, there has been more than $5.5 million worth of recreational marijuana sold since it has been legal. Even though recreational cannabis has been legalized in Illinois, there are still certain laws that apply to marijuana usage. If these laws are broken -- even unintentionally -- you could face legal consequences. Here are a few things you should keep in mind about recreational marijuana usage in Illinois:

  1. You Can Only Possess Certain Amounts of Pot at Any Given Time

As long as you are over the age of 21, you can legally purchase and possess certain amounts of marijuana and cannabis-infused products. At any given time, you can legally possess up to one ounce or up to 30 grams of dry marijuana flower, up to 500mg of THC contained in edibles or other cannabis-infused products, and up to five grams of cannabis concentrate. Visitors to Illinois are permitted to possess half of those amounts.

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Rolling Meadows, IL drug charges defense attorney

Following the trend of many other states in the United States, Illinois has adjusted its legal policies regarding marijuana. Illinois has seen an evolution of the state’s acceptance of this form of drugs. Initially, marijuana was illegal, then medical marijuana use became acceptable, and soon after recreational use followed suit. Illinois may be the eleventh state in the country to legalize marijuana; however, its policies are not uniform to those in other states. Due to these recent legal changes, it is important to note what is considered acceptable and what remains illegal in Illinois to avoid facing drug charges in the future.

House Bill 1438 Explained

This past June, Governor J.B. Pritzker signed HB 1438 into law, legalizing recreational marijuana. Under this new law, adults will be legally able to use and sell marijuana for more than just medical purposes. This law goes into effect on January 1, 2020, giving those who are 21 and older a new sense of freedom regarding marijuana use that did not previously exist in Illinois.

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Arlington Heights drug crimes lawyer

Less than two weeks ago, the state of Illinois became the 11th state to legalize the recreational use of marijuana. Beginning in 2020, residents will be permitted to legally possess cannabis. However, there are restrictions on the amount, and cannabis trafficking will still be illegal unless you are licensed.

In light of this legalization, an Illinois man was recently sentenced to prison for purchasing 42 pounds of marijuana-infused chocolate online. The man was sentenced to four years in prison for the Class X felony of possessing more than 5,000 grams of a substance containing cannabis.

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Posted on in DUI

Rolling Meadows, IL Marijuana Lawyer

Over the years, states and national organizations have focused on preventing people from drinking and driving. Multiple ad campaigns have been launched telling people “friends do not let friends drive drunk,” and “buzzed driving is drunk driving.” Still, alcohol is not the only intoxicating substance that DUI laws cover. 

In the state of Illinois, citizens are not permitted to be under the influence of alcohol, drugs, or any combination of the two while they are in physical control of a motor vehicle. With the legalization of recreational marijuana in many states and the permittance of medical marijuana in a majority of states, driving under the influence of marijuana has become more prevalent.

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