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Can I Smoke Weed In My Car?

Posted by Megan Lafata | Jun 28, 2020 | 0 Comments

It's legal...right?

Even though it is legal for adults to possess regulated amounts of cannabis, smoking “adult-use” cannabis (rather than medical cannabis) in your car is illegal under 625 ILCS 5/11-502.15. Additionally, the odor of cannabis coming from your vehicle allows a police officer to search your car for the presence of cannabis or other controlled substances. The odor of cannabis coming from your car will could cause an officer to believe you are under the influence and result in a police officer putting you through field sobriety test, or even arrest you for suspicion of driving under the influence of cannabis. 

The State of Illinois has codified the laws regarding the transportation of cannabis in 625 ILCS 5/11-502.15, specifically, the following: 

a) No driver may use cannabis within the passenger compartment of any motor vehicle upon a highway in the State of Illinois; b) No driver may possess cannabis within any area of any motor vehicle upon a highway in the State of Illinois unless it is sealed in an odor-proof, child-resistant cannabis container; and  c) No passenger possess cannabis within any area of any motor vehicle upon a highway in the State of Illinois unless it is sealed in an odor-proof, child-resistant cannabis container.

A violation of any of the above is a class A misdemeanor criminal offense, punishable by up to two-years of probation or conditional discharge, 364 days in jail and a $2500 fine plus court cost. 

Consuming cannabis and driving is still illegal, and you can be arrested for Driving Under the Influence of Cannabis (DUI). If you are just sitting in your car in a parking lot, not intending to drive, you may still get DUI. The right place to challenge an officer about whether or not he can search your car is not on the street, but in court. 

Even with the change in the drug laws, you still need a lawyer to help navigate and articulate your rights in court. That is where the experienced trial attorneys at Lafata Law will fight for you. Call the Oak Park defense attorneys at Lafata Law today.

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About the Author

Megan Lafata

Megan is the founder of Lafata Law LLC and former felony prosecutor. Megan is passionate about advocating for the rights of her clients and their families. 

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