Illinois, like many states, legalized the recreational use of marijuana. With that change in law, though, comes confusion regarding what constitutes reasonable cause to stop a person for a marijuana-related driving offense. Recently, the Supreme Court of Illinois provided some clarity, ruling that the smell of marijuana, in and of…
Articles Posted in Marijuana DUI
Pennsylvania Senator Seeks to Change Marijuana DUI Law
As marijuana laws continue to change throughout the country, states struggle to keep up with determining how and when to criminalize marijuana-related impairment. While many states have laws that allow people to be prosecuted for DUI if they operate a vehicle while impaired due to marijuana use, others have laws…
Washington Court Upholds Man’s Marijuana-DUI Conviction
States across the country continue to legalize the use of marijuana for medicinal and recreational purposes. Subsequently, they are slowly defining what constitutes impairment for purposes of marijuana-related DUI crimes. While some states have marijuana DUI laws that predate legalization, such laws may be antiquated and unsuitable. The courts are…
Can a Driver in Illinois be Charged for Marijuana-Induced Impairment After a Fatal Crash?
While in many states, the use of marijuana for recreational or medicinal purposes is legal, a person may nonetheless be charged with a DUI for operating a vehicle while impaired because of the use of marijuana. The police must have grounds to arrest a person for a DUI, though, and…
Marijuana-Related DUI Charges Dropped in Illinois Case Due to Lack of Probable Cause
In most states, DUI crimes are not limited to driving while under the influence of alcohol. Rather, a person can typically be charged with a DUI offense for driving while impaired due to the use of prescription, illicit, or recreational drugs, such as marijuana. While the police usually employ chemical…
Court Rules the Smell of Marijuana is Insufficient Grounds for Stop and Search of a Vehicle
As marijuana use becomes increasingly legal throughout the country, legislatures and courts are slowly establishing laws, further defining and limiting its use. For example, an issue that keeps arising is whether the smell of marijuana emanating from a car provides probable cause for the police to believe the driver of…
Illinois Supreme Court to Decide the Issue of Whether the Smell of Marijuana is Sufficient Cause to Conduct a Warrantless Search
Although the recreational use of marijuana is now legal in Illinois, people who ingest marijuana must nonetheless do so responsibly. Thus, people who drive after smoking or ingesting marijuana may be charged with DUI if they are too impaired to operate a vehicle safely. The police cannot legally stop a…
Recent Study Shows Legalization of Marijuana Reduces Alcohol-Related Crashes in Neighboring States
While the use of marijuana for recreational purposes is legal in a handful of states, many of their conservative neighboring states are not inclined to legalize marijuana. Additionally, many states that neighbor states where marijuana use is legal have expressed concerns regarding how the legalization of marijuana use outside of…
States Assessing the Impact of Legalization of Marijuana on DUIs and Other Crimes
While the use of marijuana is legal in many states throughout the nation, it has not been permitted for long, and the effects of the legalization of marijuana have only recently begun to be apparent. For example, Washington reporters recently assessed the consequences of the legalization of marijuana and laws…