Medical Marijuana & DUI Law in Joliet & Will County

With medical marijuana legal in Illinois since 2014, understanding how it intersects with DUI laws is crucial for registered users in Joliet and Will County. At Joliet Driver’s License Reinstatement Lawyer, led by Jack L. Zaremba with over 20 years of legal experience, we help clients navigate medical marijuana DUI charges and license reinstatement in Joliet, Plainfield, Lockport, Romeoville, and surrounding areas. While medical cannabis offers relief for certain conditions, driving under its influence can still lead to severe penalties, including fines, jail, and revocation. Our team defends against these charges and assists with reinstatement—contact us today for a free consultation tailored to your Will County case.

Illinois Compassionate Use of Marijuana & DUI Law Background

Illinois’s medical marijuana law, effective January 1, 2014, allows registered users with qualifying medical conditions to use prescribed cannabis to alleviate symptoms. Conditions include cancer, arthritis, glaucoma, multiple sclerosis, Parkinson’s disease, spinal cord injuries, brain injuries, limb pain, and post-concussion syndrome. Registered users holding a valid card are immune from state or local laws prohibiting possession or use in prescribed amounts. However, this immunity does not extend to driving under the influence. In Joliet and Will County, where traffic enforcement is rigorous, changes to DUI laws accommodate legal medical use while prohibiting impaired driving. Our Joliet attorneys stay updated on these laws to provide effective defense and reinstatement support.

Legal Context and DUI Charges for Medical Marijuana Users in Will County

Illinois law prohibits driving under the influence of drugs, including marijuana, and being a registered medical marijuana user is not a defense if you’re impaired while driving. The law sets THC limits of 5 nanograms in blood or 10 nanograms in other bodily substances (e.g., urine, saliva) within 2 hours of driving for non-registered users. However, these concentration limits do not apply to valid medical marijuana card holders—you can only be charged based on actual impairment, such as erratic driving, slurred speech, or failed field sobriety tests. In Joliet, officers may still arrest based on observations, leading to charges if impairment is proven. Our firm challenges these observations and tests to protect medical users in Will County courts.

Field Sobriety Tests for Medical Marijuana Users in Joliet

In exchange for legal medical marijuana use, registered users must submit to standard field sobriety tests (e.g., walk and turn, one-leg stand, horizontal gaze nystagmus) if an officer has reasonable suspicion of impairment. Non-registered users are not required to take these tests, with no license penalty for refusal or failure. For registered users in Joliet, failing or refusing FSTs results in summary suspension or revocation of driving privileges, especially if an accident involves serious injury or death. Refusals after such accidents lead to revocation. Our Joliet lawyers help contest these tests’ validity and mitigate license impacts in Will County.

Penalties and License Impacts for Medical Marijuana DUI in Will County

Penalties for a medical marijuana DUI in Joliet mirror alcohol DUIs: a first offense is a Class A misdemeanor with up to 12 months jail and $2,500 fines, plus mandatory evaluations, classes, and assessments. Aggravated cases escalate to felonies with 1-3 years prison or more. License penalties are harsher for registered users:

Failing FSTs: 6-month summary suspension.
Refusing FSTs: 12-month suspension.
Registered users are prohibited from applying for a Monitored Device Driving Permit (MDDP) if they fail or refuse testing—non-registered users remain eligible.
Commercial Driver’s License (CDL) holders who are registered and fail/refuse face 12-month disqualification (lifetime for second offense), regardless of vehicle type.

Additionally, registered users cannot use marijuana in a vehicle on public highways (driver or passenger) and must transport it in an approved tamper-evident container. In Will County, violations lead to enhanced consequences—our attorneys fight to reduce these and facilitate reinstatement.

How Joliet Driver’s License Reinstatement Lawyer Can Help with Medical Marijuana DUI Cases

Legal permission to use medical marijuana does not allow driving under the influence, and consequences for registered users in Joliet may be more severe than for non-registered individuals. At Joliet Driver’s License Reinstatement Lawyer, we have extensively studied these laws and anticipate further revisions. Jack L. Zaremba offers knowledgeable defense, challenging impairment evidence, FST results, and procedural errors to seek dismissals or reductions. For license impacts, we handle reinstatement hearings, evaluations, and paperwork remotely if needed. Serving Joliet, Plainfield, Lockport, and Romeoville, contact us to leverage our experience in medical marijuana DUI cases and protect your driving privileges.

Conclusion

Medical marijuana DUI laws in Joliet and Will County balance legal use with road safety, but impairment charges can still arise with significant penalties. From understanding exemptions to defending against tests and suspensions, Joliet Driver’s License Reinstatement Lawyer provides comprehensive support. Serving Joliet, Plainfield, Lockport, Romeoville, and beyond, contact us at jolietdriverslicensereinstatementlawyer.com for a free consultation today.

Disclaimer: This page is for informational purposes only and does not constitute legal advice. For personalized legal assistance, contact Joliet Driver’s License Reinstatement Lawyer at jolietdriverslicensereinstatementlawyer.com.