Can You Drive Under the Influence of Marijuana in Illinois?

Posted on behalf of Donahue & Walsh, P.C. | December 15, 2022

As of January 1, 2020, the recreational possession, consumption, and purchasing of marijuana in Illinois have been legal. Although it is not illegal to use marijuana, it is still illegal to drive under the influence of it. If you are caught doing so, you could face severe penalties, fines, and even jail time for driving under the influence.

What a Driver Can Do

Across Illinois, residents 21 and older can possess up to 30 grams of cannabis flower, up to 5 grams of cannabis concentrate, and up to 500 milligrams of THC with cannabis-infused products. State visitors are allowed to possess up to half of these amounts. If driving with marijuana in the car, it must be located in a child-restraint container that is not accessible by any occupant of the vehicle.

What a Driver Cannot Do

As stated, drivers are prohibited from operating a vehicle while under the influence of marijuana. This law pertains not only to cars but also to any other motor vehicle, such as an aircraft, snowmobile, ATV, or boat. The legal limit for THC is 5ng per deciliter of blood.

Tetrahydrocannabinol concentration means either 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance.

What Else You Should Know

If you are under investigation for driving under the influence of marijuana, you should hire an experienced DUI and drug crimes attorney as soon as possible. Our professional team of Northern Illinois criminal defense attorneys at Donahue & Walsh, P.C. have proven to go toe-to-toe with prosecutors and obtain the best possible outcome for our clients. Call us at 815-344-8860 anytime or contact us online to arrange a free, confidential consultation with a criminal defense lawyer.

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