CAN I BE CHARGED WITH DUI IF I HAVE A MEDICAL CANNABIS CARD?

The answer is yes.  But your cannabis card makes a difference as to what the state must prove.

As of January 1, 2020, you may legally consume certain amounts of cannabis if you are over age 21. If you have a medical cannabis card, you may only be prosecuted for a marijuana DUI if you drove impaired. Without the card, you may be prosecuted if you were over the legal limit: a delta-9-THC concentration of either 5 nanograms per milliliter of whole blood or 10 nanograms per milliliter of another bodily substance.  This limit does not apply if you have a valid registry card.

If you have been charged with a DUI or criminal-related offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  Did the police follow legal procedures in stopping you? Can the state prove all the elements beyond a reasonable doubt, such as you were the driver or you were impaired?  Even if the state’s evidence is airtight, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email  matt@mattkeenanlaw.com.

Reference: People v. Lee.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)