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posted on 6/23/19

You are over at a friend’s house and decide to partake in marijuana. Two hours later, you do not feel high anymore, so you decide to get into your car and drive home. You know that recreational marijuana is legal in as of January 1, 2020 Illinois, and you do not feel high, so you are not that worried. Driving within two hours of using cannabis is not uncommon, but even those who no longer feel “high” risk being pulled over by law enforcement for driving under the influence of cannabis (DUIC). Nonetheless, roadside testing for marijuana use is not as straightforward as some might think.

Recreational Marijuana Legalized in Illinois

The Illinois Senate passed a law that legalizes the recreational use of marijuana and it becomes effective January 1, 2020. The Cannabis Regulation and Tax Act authorizes the “use of cannabis” for “persons 21 years of age or older and should be taxed like alcohol.” Now anyone over the age of 21 who is a citizen of Illinois can possess up to 30 grams of cannabis legally. Non-Illinois citizens can possess up to 15 grams legally.

A recent Insurance Institute for Highway Safety report found that 5% of 18 to 29-year-old drivers and 2% of drivers age 30 and over admitted to driving within two hours of marijuana use. A 2014 survey of Washington and Colorado drivers found that 44% of drivers who used marijuana in the last month reported to driving high in the previous year. So, we know that driving after using marijuana is something that people sometimes do for a host of reasons.

Roadside Marijuana Tests are Problematic

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Ania