Medical Marijuana And DUI Law

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Illinois Compassionate Use Of Marijuana And DUI Law

Since there have been changes in regards to medical marijuana law in Illinois, there were changes that needed to be made to the Illinois DUI laws. Effective January 1, 2014, the new Illinois law will now license anyone who has a specific medical condition that can be helped by using medically prescribed marijuana. Such medical conditions may include cancer, glaucoma, spinal cord or brain injuries, arthritis, Parkinson’s, multiple sclerosis and limb pain.



If a person qualifies for this, they will receive a registration card that permits them to use medical marijuana and they will be given immunity from local or state laws that usually prohibit having or using marijuana in prescribed amounts.


However, a driver has been prohibited in Illinois from driving a vehicle if they have any amount of marijuana in their system. If this law was violated, the person may have been charged with a DUI, even if they are not impaired by using the drug.


With the passage of this new law, a choice needed to be made that would either prohibit everyone from driving with marijuana in their system, or they needed to create a new system that would allow a person to drive with prescribed medical marijuana in their system under very firm constraints.

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The New Law In Illinois

Illinois made a choice under a new law that says that if a person is a registered user of medical marijuana, they may operate a vehicle as long as they are not under the influence of the drug. It is still illegal though for anyone who is not a registered user to drive with any amount of cannabis in their system.



The new law also now requires a registered user to submit to a physical performance test if the police officer has reasonable suspicion that they are driving while under the influence of marijuana. If the person fails or refuses to take the test, they may lose their license or have it revoked.


If the registered user agrees to testing and fails it, they will be subjected to a 6 month summary suspension of their license and if they refused to testing, they will be subjected to a year summary suspension of their license.


The new law also states that a registered user is not allowed to use marijuana if they are driving on a public highway, as either the driver or the passenger. They are also not allowed to transport marijuana in the vehicle unless it is in an approved container.


If someone is going to become a registered user, they must realize that they are receiving legal permission to use the drug to help with any symptoms that accompany their serious medical condition. They are not receiving permission to drive while under the influence of the drug though, and if they do, there are harsh consequences.

D.U.I. Defense

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