Medical Marijuana DUI Offenses in Illinois

Evan Randall Uncategorized

McHenry County DUI Defense Attorney – Evan E. Randall

In Illinois, the recent shift towards allowing citizens to use medical marijuana has been consistent with the modern trend. Since medical marijuana was legalized in 2013, law enforcement agencies, as well as the law makers, have been struggling to keep the laws current with the shifting times.

Medical Marijuana Driving Laws

Currently in the State of Illinois, those prescribed medical marijuana may not operate a motor vehicle while under the influence of the drug. The statute requires that the concentration of THC is 5 nanograms per milliliter or less in a urine sample or 10 nanograms or less in some other beodily fluid.

Further, the medical marijuana must not be accessible to the driver. It has to be placed  in a sealed container that the driver cannot reach or access. Should the driver not hold a medical marijuana card, then charges of unlawful possession of a controlled substance should also be anticipated.

Medical Marijuana Rights When Pulled Over

A holder of a medical marijuana card is subject to the Illinois Implied Consent laws. Therefore, if an officer believes that the driver is intoxicated, they must submit to testing. A failed test will most likely result in a summary suspension of the driver’s license and the medical marijuana card may be cancelled or suspended until the case is over.

Marijuana DUI Penalties

As with a DUI based on alcohol consumption, the most severe penalties often focus around actions taken by the Secretary of State. A failed chemical test will result in a 6 month suspension of the driver’s privileges to operate a motor vehicle. However, a Monitoring Device Driving Permit (MDDP) may be requested for first time offenders which would ensure that they can operate a motor vehicle during the period of suspension.

Consequences are more severe for repeat offenders who may face a 1 year suspension for multiple violations within a 5 year period.

The Solution

The best thing anyone facing criminal charges, such as DUI, is to hire a criminal defense attorney. By ensuring that your rights are protected from the beginning, the driver faces a much better chance at beating the case or controlling the impact a conviction would have. Evan E. Randall has handled numerous DUI cases, many of which were based on marijuana use, and we are your best defense. Contact us at (815) 880-4529 or by emailing