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.

Just like an alcohol DUI, it is against the law in Illinois to be under the influence of any drug while operating a motor vehicle. In Illinois, a person convicted of drugged driving can face serious consequences. 

What is Drugged Driving?

If a person is pulled over or is involved in an accident, and it is discovered they are impaired by a prescription or illegal narcotic through field sobriety, breath, or blood test, it is considered a DUI. This includes legal medical marijuana cardholders who display signs of impairment or who fail a blood test.

With a DUI, most people immediately think of drivers who are under the influence of alcohol. While alcohol is the most commonly used intoxicant, it is not the only substance that it is illegal to be under the influence of while operating a motor vehicle. According to Illinois law, it is unlawful for any driver to be under the influence of drugs, alcohol, or a combination of both while operating a motor vehicle. With medical marijuana legal in Illinois and recreational legalization perhaps on the horizon, driving under the influence of marijuana charges are increasingly common.

Marijuana and Illinois DUI Laws

In 2014, medical marijuana became legal for Illinois residents, as long as they have a valid prescription and I.D. card issued by the Illinois Department of Public Health. Cardholders are permitted to have up to 2.5 ounces of marijuana in the car with them, as long as it is kept in a secure and sealed container. Cardholders are not permitted to be under the influence of marijuana while driving, even if it is medically prescribed.

With Illinois joining the list of states that allow the use of marijuana for medical treatment, there are some changes to the Illinois law on driving under the influence (DUI) geared to accommodate the medical marijuana law. The medical marijuana law, known officially as the Compassionate Use of Medical Cannabis Pilot Program Act, was signed into law last year. The law allows a person with a prescription to legally use marijuana in order to treat symptoms of a debilitating medical condition or lessen any pain associated with it.

DUI Laws Regarding Marijuana

 Under the Illinois DUI law, it is illegal for anyone to drive a vehicle while impaired by the use of alcohol or drugs. While the DUI law prohibits driving while there is any trace of an intoxicating drug in your system, the law provides an exception for medical marijuana users. This exception recognizes that marijuana does not immediately leave the body after use. In fact, marijuana can sometimes be detected in a user’s system up to thirty days after use.