Tag Archives: DUI marijuana

DOES THE STATE NEED A CHEMICAL TEST TO PROVE A MARIJUANA DUI?

The answer is no, depending on the other evidence. While marijuana use is largely legal in Illinois, you cannot drive or be in actual physical control of a vehicle while under its influence to a degree that makes you incapable … 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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DRIVING UNDER THE INFLUENCE OF CANNABIS OR DRUGS IN ILLINOIS

In Illinois, there are several ways of charging you with driving under the influence of marijuana or cannabis. With one exception, however, the state may have difficulty proving you were actually impaired. If you were driving after smoking pot you … Continue reading

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