Medical marijuana means possible changes to Illinois' zero tolerance laws?

April 05, 2014

Illinois recently has passed laws that allow for the medical use of marijuana. While the state is busy getting things in place for this major change, officials are examining some of the other laws that may be affected once the use of medical marijuana becomes more widespread. One particular law receiving some attention from legislators concerns the state's zero tolerance law.

Under the current law, drivers with any amount of marijuana in their systems could potentially be charged with DUI. Trace amounts could result in these charges, even if the motorist does not demonstrate obvious signs of impairment. For marijuana users, this could be a major issue, as the drug stays in their systems for weeks after the drug is first used.

The new bill would exempt medical marijuana users from the zero tolerance laws. If the user had a prescription, specially-trained police officers, known as drug recognition experts, would have to check the drivers for signs of being under the influence of the drug before arrests could be made.

There have been other discussions about changing the state's zero tolerance law to something that establishes a "legal limit" of marijuana that a motorist is allowed to have in his or her system, similar to the 0.08 percent blood-alcohol content system used for alcohol. Some have expressed concern that this would not have the desired effect, as some users made build up a tolerance to the drug over time. They would be above the legal limit, but, still show no signs of being impaired. Other states with medical marijuana use these types of laws, and they have proven to be somewhat difficult to enforce.

As these laws start to change, motorists need to know what may happen if they get behind the wheel after using marijuana. A DUI charge can carry very severe penalties, and the zero tolerance laws make it extremely difficult to contest the allegations.

If you have been charged with driving under the influence of alcohol or drugs, you need to be aware of the potentially life-changing consequences that you may be facing if convicted. You will lose your driver's license, making it much more difficult for you to be able to go to work. You may also receive jail time as well as significant fines connected to the offense.

You should discuss your case with an experienced criminal defense attorney as soon as possible. Your attorney will be able to review the actions of law enforcement throughout the traffic stop and after your arrest to determine if any of your constitutional rights were violated. This will help you learn of any defenses that may be available to you, and may even allow for some of the charges to possibly be dismissed or reduced.

Article provided by Michael T. Norris, Ltd. and John W. Callahan, Ltd.
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