CAN I HAVE MEDICAL MARIJUANA IN MY CAR?

The officer pulled you over after you ran a stop sign.  You have a prescription for marijuana, and your prescribed meds were sitting next to you on the passenger seat.  The officer spotted them and arrested you for Possession of Medical Cannabis in a Motor Vehicle.

What can happen to you? What can you do?

Under Illinois law, you may not have marijuana in the passenger area of your car unless it is inaccessible in a secured, sealed, odor-proof and child-resistant medical cannabis container.  The law applies even though you have a medical cannabis card, are a medical cannabis designated care giver or an agent of a medical cannabis dispensary.

Possessing medical cannabis in a motor vehicle is a Class A Misdemeanor, punishable by up to one year in jail and revocation of your medical cannabis card or your status as a caregiver/agent/dispensary for up to two years.

If you are charged with possessing medical cannabis in a car or similar offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  Did the police have probable cause to stop you?  If not, an attorney can petition to suppress the results of your stop.  In some cases, the court may even dismiss your case.  Can the state prove all the elements of your offense beyond a reasonable doubt?  Maybe your container was secured when the officer thought it wasn’t.  Even if your stop was legal and the evidence against you is overwhelming, 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.

(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.)