Tag Archives: cannabis

DOES THE ODOR OF CANNABIS JUSTIFY A POLICE SEARCH?

The Illinois Supreme Court says it doesn’t. Before the court’s decision, there had been some confusion on the topic.  One appellate court said that the smell by itself justified a search, while another appellate court said it didn’t.  But the … Continue reading

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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 … Continue reading

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CAN AN OFFICER SEARCH MY CAR BASED ON THE SMELL OF MARIJUANA?

UPDATED January 31, 2025 The Illinois Supreme Court has resolved any conflict between appellate courts by holding that the smell of burnt cannabis by itself is not enough to justify a warrantless police search.  It can still be considered along … Continue reading

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CAN POLICE SEARCH MY CAR BASED ON MARIJUANA WHEN POT IS LEGAL IN ILLINOIS?

According to the Illinois Supreme Court, the answer is yes, especially if combined with other factors. In People v. Hill, an officer stopped the defendant, then searched his car based on the strong odor of cannabis and a cannabis bud … Continue reading

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CAN I DRIVE WITH RECREATIONAL MARIJUANA IN THE CAR?

Recreational marijuana is about to become legal in Illinois, but that doesn’t mean you can cruise the highway lazily puffing a joint with your stash on the seat. Be aware that there are still limits. As with open alcohol, you … Continue reading

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MARIJUANA CAN STILL GET YOU IN TROUBLE

There is no doubt that laws regarding marijuana are liberalizing. A new law effective July 29, 2016 takes marijuana out of the trace law–the law that convicts you for DUI if you cause a serious accident whether or not you … Continue reading

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NEW ILLINOIS MARIJUANA LAWS DO NOT CHANGE THE DUI TRACE LAW: YOU STILL CAN’T DRIVE WITH MARIJUANA IN YOUR SYSTEM

Medical marijuana is now allowed in Illinois under certain restrictions. So what does that mean if you are charged with DUI after taking that joint? Unfortunately, the penalties for driving and smoking without a prescription can still be severe, even … Continue reading

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HOW DOES THE NEW ILLINOIS MEDICAL MARIJUANA LAW AFFECT MY DUI?

As of January 1, 2014, medical marijuana became legal in Illinois provided you are a registered user with a diagnosis for one of the specified medical conditions, and you purchased your pot from a licensed dispensary. So what happens if … Continue reading

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