Gov. J.B. Pritzker signed a new law today which will legalize the recreational use of cannabis beginning January 1, 2020. Many of our clients have asked if it will now be legal to smoke cannabis and drive.
What does the current DUI law say?
In Illinois, it is illegal to drive or be in physical control of a vehicle while under the influence of cannabis or with a THC concentration of 5 nanograms or more within 2 hours of driving. THC is the active metabolite of cannabis. It is the ingredient in cannabis that produces the hallucinogenic effects of the drug. The new recreational use law does not change existing Illinois DUI law. This means that, just as in the case of alcohol, the use of cannabis which causes impairment or its presence in a person’s blood above the legal limit within 2 hours of driving or being in physical control of a vehicle is still illegal, and can result in a DUI arrest.