As of Jan. 1, 2020, adults in Illinois are legally allowed to have marijuana inside of their cars, but not allowed to smoke it in them or drive while high.
Driving under the influence of marijuana is still a crime.
What you [still] CAN’T do
Driving under the influence of marijuana is still a crime.A driver may not operate a motor vehicle while impaired by the use of cannabis, whether used medically or recreationally.
Passengers cannot smoke pot while in moving cars, either, and although adults who live in Illinois are able to legally buy an ounce of marijuana, it must be stored in the odor-proof and child-resistant container that it came in when it was purchased at a dispensary.
What to Expect if Pulled Over
If a police officer suspects a driver may be under the influence of marijuana and pulls the driver over, they will be asked to take field sobriety tests.
The effects of smoking pot are obvious and well known — red eyes, drowsiness, slowed response times. If based on field tests, the officer has probable cause, the driver will be placed under arrest and taken to a police station.
Once at the station, the driver would be asked to submit to chemical testing of their “breath, blood, urine or other bodily substance,” according to the secretary of state’s office. The test can be administered within two hours of the driver being pulled over. Blood tests may only be administered by a medical professional, though police can perform breath, urine and “other bodily substance” tests.
If the testing comes back positive for more than 5 nanograms of THC — tetrahydrocannabinol, the primary active chemical in marijuana — per milliliter of blood or for more than 10 nanograms per milliliter of another “bodily substance,” the driver’s license will be revoked, on top of potential criminal charges.
Should a driver refuse the chemical tests, their license will still be revoked, according to the Illinois secretary of state’s office.
When to Contact a Car Accident Lawyer
Many accident victims who were injured by an impaired driver can have a lengthy and painful road to recovery with overwhelming medical expenses, loss of wages, and/or permanent disability. If you’ve been injured in a motor vehicle accident, there are various laws that can help you or a deceased victim’s family receive compensation. Please contact Palermo Law Group at (630)684-2332 to for a free consultation with nationally recognized personal injury lawyer, Mario Palermo, regarding the best approach to obtaining compensation for your injuries.