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Recreational Cannabis Use and Driving in Illinois

Published on April 15th, 2021


Recreational cannabis use was legalized in Illinois in 2019 and the legislation took effect on January 1st, 2020. This law has raised the question of whether or not it is illegal to drive while under the influence of cannabis.

Driving Under The Influence

It is illegal in the state of Illinois to operate a vehicle while intoxicated or impaired. This can relate to alcohol or other substances that affect your judgment. This means it is also illegal in Illinois to drive while under the influence of cannabis, or while having a THC blood concentration of five nanograms or more within two hours of driving.

THC is the ingredient in cannabis that produces hallucinogenic effects. The law that has made recreational cannabis use in Illinois legal does not have any affect on the Illinois DUI law, which prohibits drivers from operating a vehicle while under the influence of substances, such as cannabis, which impair our judgment and abilities.

This means that if someone should be caught driving with a THC blood concentration above the legal limit, they can be arrested and charged with a DUI.


If convicted of a cannabis DUI, there are several penalties you could face. For a first time offense, you may face up to 364 days in county jail, a $2,500 fine and court costs, counseling, and other possible penalties.

A second offense can result in up to 364 days in county jail and a minimum of five days in county jail or 240 hours of community service, counseling, a $2,500 maximum fine and court costs, and a driver’s license revocation which lasts for a minimum of one year.

Driver’s License Reinstatement Lawyer Illinois

If you are facing a DUI conviction related to cannabis use in Illinois, contact Johnson & Goldrich, P.C. for reliable legal counsel. Our driver’s license reinstatement attorneys are experienced in license suspension and revocation. We will work to get you back on the road as fast and safely as possible. We understand the intricacies of dealing with the Illinois Secretary of State’s Office and maintain informative attorney client relationships. Give us a call today and learn more about our services.

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