Cannabis DUI's Present Problems for Illinois Motorists

Since recreational cannabis was legalized on January 1, 2020, it has brought its own share of challenges. Challenges such as properly identifying and testing of motorists driving under the influence of cannabis. It is challenges like these that make cannabis DUI’s more problematic than alcohol DUI’s for Illinois motorists.

While it is legal for adults to possess and use cannabis, it is illegal to operate a motor vehicle while impaired from the influence of cannabis, even if it is prescribed. Legally operating a vehicle after using cannabis can quickly become problematic for any motorist, because it is difficult to determine when someone under the influence has become impaired. In Illinois, drivers automatically consent to submit to certain chemical tests to determine whether they are driving under the influence, and if the motorist refuses to submit to the chemical testing their driver’s license will be suspended for a year. If the motorist consents to chemical testing and test results determine the motorist is over the legal limits, then the motorist’s driver’s license will only be suspended for six months.

At the moment, identifying and testing motorists suspected of cannabis impairment is similar to testing motorists suspected of alcohol impairment. This is problematic because cannabis does not have the same effect on the body as alcohol, but the same Field Sobriety Tests to detect alcohol impairment are the tests used to determine cannabis impairment. Currently, and unlike with alcohol, there is not an industry accepted version of a cannabis breathalyzer. Chemical testing for cannabis through blood or urine is available, but again, it does not work the same as alcohol because the way cannabis interacts with the body is not the same as how alcohol interacts with the body. As alcohol is processed in the body, it will leave a person’s system much quicker than cannabis; cannabis, however, can remain detectable in a person’s system for days or even weeks after use, even though that person is not under its influence. This means that if a motorist submitted to chemical testing and the results determined there was cannabis in the motorist’s system above the legal limit, then that motorist will be presumed to be under the influence, regardless of whether there was actual impairment. Therefore, it could actually be possible to receive a Cannabis DUI, even if the motorist had not ingested or consumed cannabis recently.

Unfortunately, until more accurate testing methods are developed there is not a good solution to this problem for motorists who wish to legally use cannabis, other than to use good judgment and take proper precautions similar to alcohol. If you are going to use cannabis, then you should not operate a motor vehicle afterwards. Otherwise, precautions such as a designated driver or a ride-share like Uber would be in the best interests of any individual who wishes to legally use cannabis and avoid receiving a cannabis DUI.

If you, a family member, or a friend has received a cannabis DUI and would like more information about how to handle the situation and what you should do next, then give Nicholas M. Carrescia and Giamanco Law Partners a call at the Bolingbrook Office (630) 635-5555 or the New Lenox Office (815) 435-5555 to discuss your options. For more information you can visit us at GLawPartners.com or find us on our Facebook page-https://www.facebook.com/giamancolaw.

About The Author:
Nicholas M. Carrescia is an attorney with Giamanco Law Partners and licensed to practice in Illinois. He specializes in traffic violations, criminal misdemeanors and felonies, and Secretary of State license hearings.