In the past, Illinois strictly interpreted that even a trace amount of cannabis in a person’s system made it illegal to drive or be in control of a motor vehicle. Prior to the Compassionate Use of Cannabis Pilot Program Act (the “Act”), which went into effect January 1, 2014, there was no lawful consumption of cannabis in Illinois. Accordingly, there was no test to determine whether cannabis caused impairment. Any use of cannabis, if detected in blood, breath, or urine, was illegal.

With the Act, Illinois now allows limited legal use of cannabis. For approved medical cannabis patients, the old “zero tolerance” standard no longer applies. Instead, impairment is the key factor, similar to how legally consumed prescription drugs are treated. For non-cardholders, any detectable cannabis remains illegal. Since Illinois had not issued registry cards as of the date of this article, there was still, in practice, no legal amount of cannabis a driver could have in their system.

In theory, once valid registry cards are issued, the presence of cannabis in blood or urine alone should not result in a DUI conviction or statutory summary suspension unless the driver is impaired. To evaluate impairment, standardized field sobriety tests have been adapted to detect cannabis use, such as the addition of the vertical gaze nystagmus test.

This creates an unusual shift in DUI law. For alcohol-related DUIs, refusing a breath test or blowing above .08 leads to a suspension, with field sobriety tests serving as extra evidence. Under the Act, refusing a test leads to suspension, and in cases involving serious injury or death, refusing blood or urine testing leads to revocation. When cannabis is suspected in a driver with a valid registry card, field sobriety tests become the primary basis for suspension and arrest.

Importantly, officers cannot demand blood or urine tests simply because someone presents a registry card. They must have independent facts suggesting cannabis impairment, documented in their reports and sworn statements, to legally initiate suspension.

Those with registry cards who seek rescission of a suspension must go through the Secretary of State. Ironically, a registered cardholder who fails or refuses field sobriety tests is ineligible for a permit during suspension, while someone without a card charged with DUI remains eligible.

This is a new and developing area of Illinois law, with many issues still untested in court. Check back with us for updates on how the Act evolves in practice. As always, contact us for an analysis of your situation, as each case is unique.

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