Law Against Driving While High On Marijuana Changed

 Posted on September 15, 2016 in DUI/DWI

Until recently, it was illegal to drive while under the influence of marijuana, regardless of how much marijuana was in your system. Illinois law used to employ a zero tolerance approach when it came to driving under the influence of marijuana. Specifically, if any amount of marijuana was detected in the suspected drugged driver’s system, the driver could be charged with a marijuana DUI. But the recent passage of Illinois bill SB2228 changes things and puts a measurable limit on when an Illinois driver is too high to drive.

Under the old law, prosecutors were not required to demonstrate that the driver was actually intoxicated by marijuana at the time of their DUI arrest, according to a recent article in the Pekin Daily Times. Instead, the prosecution only had to show that marijuana, even in trace amounts, was detected in the driver’s system. A blood test could be used to analyze a blood sample for any trace of THC, which is the active psychoactive chemical ingredient in marijuana.

A Zero Tolerance Policy Is Patently Unfair

The old law was strikingly unfair since it failed to require proof that the driver was actually under the influence of marijuana to such a degree that the intoxication impacted the driver’s ability to safely operate a vehicle. The old law could place a person who was merely in contact with marijuana smoke in violation of the state’s marijuana DUI laws, even though the person never actually inhaled more than second-hand marijuana smoke.

New Law Offers Measurable Legal Limit

The new law places a quantifiable measurement on when a person is considered to be under the influence of marijuana to such a degree that their driving ability is affected. Specifically, a person who has five nanograms of THC in their blood, when the blood sample is taken within two hours of a DUI arrest, is considered to be under the influence of marijuana and is not safe to drive a vehicle. With the enactment of the new marijuana DUI law, Illinois joins just four other states – Colorado, Nevada, Oregon, and Washington – that have placed a measurable impairment level on marijuana.

Bill SB2228 Also Decriminalizes Possession of Small Quantities of Marijuana

The new law also decriminalizes possession of small quantities of marijuana. Instead of being a criminal offense, possession of less than 10 grams of marijuana is punishable as a civil infraction, meaning that offenders will merely be issued a ticket. The ticket ranges from between a fine of $100 and $200.

Facing A DUI? Contact A Rolling Meadows Drug Offenses Lawyer

Whether you are facing a DUI, a marijuana DUI, or drug charges, you need to speak to an experienced Rolling Meadows drug crimes lawyer as soon as feasible about your situation. These criminal charges are serious, and you need legal representation that can help you fight the charges that are pending against you.

Sources:

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2228&GAID=13&DocTypeID=SB&SessionID=88&GA=99

http://www.pekintimes.com/news/20160804/marijuana-dui-law-changed-little-attorney-warns