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St. Charles cannabis DUI attorney

Many people do not realize it, but alcohol intoxication is not the only way a person can face driving under the influence (DUI) charges in Illinois. Illinois law states that an individual can also be charged with DUI for driving or being in physical control of a vehicle while under the influence of any controlled substance or drug – even prescription medications and cannabis. Because recreational marijuana is now legal in Illinois for residents aged 21 and older, many people are wondering whether or not they could receive a DUI for driving while under the influence of cannabis.

Driving Under the Influence of Marijuana Laws in Illinois

Tetrahydrocannabinol (THC) is the chemical compound that is responsible for the psychological effects caused by marijuana use. THC can affect a person’s coordination, concentration, perception of time, memory, reflexes, and more. Having THC in your system can significantly decrease your ability to drive safely if it reduces your reaction time or your ability to drive safely. For these reasons, Illinois DUI laws still include restrictions against driving under the influence of THC.

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Illinois criminal defense attorney, Illinois drug crimes lawyer, drug possession,Two bills have been introduced to the Illinois General Assembly, one filed in each chamber, that would that would legalize small amounts of recreational marijuana. Senate Bill 783, sponsored by state Sen. Michael Noland (D-Elgin), and House Bill 218, filed by state Rep. Kelly Cassidy (D-Chicago), would eliminate the possibility of incarceration for the possession of up to thirty grams (just over an ounce) of marijuana for adults age 21 and older. There are, however, some differences between the two bills.

The House Bill

The proposed legislation in the House decriminalizes the possession of up to 30 grams of cannabis, even by those under age 21. Instead of charges of up to a Class A misdemeanor, possession is a petty offense, punishable by a Uniform Cannabis Ticket and fine of $100. The bill lowers the charges for the possession of other amounts of marijuana as well. The possession of over 30 grams but no more than 500 grams would be a Class A misdemeanor instead of a Class 4 felony for a first offense. Subsequent offenses would be charged as Class 4 felonies instead of Class 3 felonies.

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