Attorney Larry A. Davis discusses changes to the DUI – Marijuana law on WBEZ Radio’s Afternoon Shift

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House Bill 218, co-drafted by Larry A. Davis, has now passed both the House and Senate and is awaiting action by the governor. This bill will make possession up to 15 grams of cannabis punishable by fine only (up to $125.00). Additionally the bill eliminates cannabis from 11-501(a)(6), commonly referred to as the ‘trace DUI law’ which, until now, has allowed prosecutions for DUI without proof of impairment.

The new DUI provision (11-501(a)(7)) creates a per se level for cannabis impairment (15 ng/ml of whole blood and 25 ng/ml of other bodily substances). The cannabis found must be the active metabolite and testing must be performed within two hours of driving. While the science for cannabis impairment is sorely lacking, the whole blood level of 15ng/ml is three times the limit of any other State.

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