The recently passed Medical Marijuana law is big news. But really, it’s many new laws combined. One aspect that is especially important is how medical cannabis interacts with driving.

One law that addresses this is 625 ILCS 5/11-502.1, titled “Possession of medical cannabis in a motor vehicle.” In summary, even if you are a legal medical marijuana cardholder, you cannot have cannabis in the car as a driver or passenger unless it is in a sealed, tamper-evident container. In other words, you can transport unopened, sealed cannabis, but you cannot use it or carry it in the car once it is open. If you do, you can be charged with a Class A misdemeanor and lose your medical cannabis card.

The statute states:

(a) No driver who is a medical cannabis cardholder may use medical cannabis within the passenger area of any motor vehicle upon a highway in this State.

(b) No driver who is a medical cannabis cardholder, caregiver, cultivation center agent, or dispensing organization agent may possess medical cannabis in any motor vehicle upon a highway in this State, unless it is in a sealed, tamper-evident medical cannabis container.

(c) No passenger who is a medical cannabis cardholder, caregiver, or dispensing organization agent may possess medical cannabis within any passenger area of any motor vehicle upon a highway in this State, unless it is in a sealed, tamper-evident medical cannabis container.

(d) Any person who violates subsections (a) through (c):

1. Commits a Class A misdemeanor;
2. Shall be subject to revocation of his or her medical cannabis card for 2 years from the end of the sentence imposed;
3. Shall be subject to revocation of caregiver, cultivation agent, or dispensing agent status for 2 years from the end of the sentence imposed.

As with other medical marijuana laws, this statute is effective January 1, 2014.

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