Marijuana DUI

Published on: September 28, 2024

Massachusetts Court Rules Smell of Marijuana Alone is Not Sufficient Grounds for a Traffic Stop

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 itself, did not provide reasonable cause for a search during a traffic stop. If you are accused of a marijuana-related DUI offense, it is advisable to confer with an Illinois DUI defense lawyer to evaluate what arguments you may be able to set forth in your defense.

Factual and Procedural Background

It is alleged that a state police officer stopped a car with an incorrectly secured license plate traveling at an excessive rate of speed on an interstate highway. During the stop, when the defendant rolled down his window, the officer detected the strong odor of burnt cannabis. Although the defendant denied having used cannabis in the vehicle, the officer conducted a search and found approximately one gram of cannabis in the center console. The defendant was charged with unlawful possession of cannabis and unlawful possession by a driver.

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Published on: September 15, 2023

Pennsylvania Senator Seeks to Change Marijuana DUI Law

By Theodore Harvatin

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 that are more extreme. For example, in Pennsylvania, the mere possession of a medical marijuana card can result in DUI charges, which one legislator is trying to change. If you are accused of a marijuana-related DUI crime in Illinois, it is in your best interest to talk to an attorney as soon as you can.

Pennsylvania’s Marijuana DUI Law

In Pennsylvania, lawmakers are expected to address a longstanding issue related to medical marijuana this fall. The question at hand is whether having a medical marijuana card automatically makes someone guilty of DUI. Over half a million Pennsylvanians hold a medical marijuana card, and many of them drive. However, there’s a concern that these individuals could be unfairly prosecuted for DUI even if they are not impaired.

Pennsylvania’s DUI law currently has a no-tolerance rule for operating a vehicle under the influence of any federal schedule one drug, including cannabis. This has led to police charging drivers with DUI simply for presenting their state medical marijuana card, even if they are not impaired. Continue reading →

Published on: May 24, 2022

Washington Court Upholds Man’s Marijuana-DUI Conviction

By Theodore Harvatin

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 often reluctant to overturn existing laws, however, as demonstrated in a recent ruling issued by a Washington state court in which it upheld a defendant’s marijuana-related DUI conviction. If you are charged with a marijuana-related DUI crime, it is prudent to speak with an Illinois DUI defense lawyer to determine your possible defenses.

The Washington Ruling

It is reported that the police pulled over a man in Washington state after they observed him driving his vehicle erratically. After he was stopped by the police, the man admitted to smoking marijuana earlier in the day but stated he no longer felt impaired. After he submitted to field sobriety tests, he was arrested; he subsequently underwent a blood test that revealed his THC level to be almost twice the legal limit of 5 nanograms per milliliter. He was subsequently charged with and convicted of DUI.

Allegedly, the man appealed, arguing in part that the applicable statute imposed vague and arbitrary standards with regard to the legal THC limit. While the justices presiding over the matter agreed that it was difficult to pin down the correlation between impairment and THC levels, blood measurements still provided a constitutionally acceptable and useful measurement tool. Thus, they upheld his conviction. Continue reading →

Published on: March 30, 2021

Can a Driver in Illinois be Charged for Marijuana-Induced Impairment After a Fatal Crash?

By Theodore Harvatin

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 it is unlikely that mere possession of marijuana is sufficient. This was demonstrated recently in Houston, where a driver admitted to possessing marijuana when he was pulled over for speeding tragically collided with another vehicle after he was stopped, killing a mother and three children. If you are charged with a DUI crime, it is smart to speak to a dedicated Illinois DUI defense attorney regarding your rights.

The Texas Accident

It is reported that a man in Houston was stopped by a police officer for speeding. The officer stated that during the traffic stop, he did not observe any visible signs of impairment. The driver did admit that he had marijuana, however, which he surrendered to the officer. Thirty minutes after he was stopped, he rear-ended a car at a high rate of speed. The woman in the car and her three children ultimately died due to injuries suffered in the accident. The driver was arrested, but it is unclear what charges he is facing. Authorities are reportedly testing the small amount of marijuana he relinquished, and the driver may face criminal charges pending the outcome of the testing.

Illinois DUI Charges Related to Marijuana Use

In Illinois, it is legal to use marijuana for recreational purposes. That does not mean, though, that there are no restrictions regarding its use. First, only adults are legally permitted to ingest marijuana for recreational use. Additionally, people who use marijuana and then drive may be charged with DUI crimes. Specifically, under Illinois’ DUI statute, it is unlawful to operate a vehicle while impaired due to the use of marijuana, and people who do so may face DUI charges. Continue reading →

Published on: October 19, 2020

Marijuana-Related DUI Charges Dropped in Illinois Case Due to Lack of Probable Cause

By Theodore Harvatin

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 testing to determine if a person is impaired due to the use of alcohol, such testing must be warranted under the circumstances. This was demonstrated in a recent Illinois case in which marijuana-related DUI charges stemming from a fatal car accident were dismissed due to the lack of evidence the defendant was impaired. If you are an Illinois resident faced with marijuana-related DUI charges, it is advisable to speak with a trusted Illinois DUI attorney regarding your possible defenses.

Dismissal of DUI Charges Following Suppression of Evidence

It is reported that the defendant, who works as a truck driver, was involved in a car crash in the early morning hours in July 2017. The driver of the other vehicle in the crash ultimately died due to her injuries. When the police arrived at the scene to investigate the accident, they spoke with the defendant, who was not observed to show any signs of impairment.

Allegedly, in response to questions from the police, the defendant admitted to smoking marijuana the night before the accident. He was subsequently asked to submit to chemical testing and, based on the results of the test, charged with aggravated DUI causing death. He subsequently filed a motion to suppress his chemical test results and statements, arguing there was no probable cause to suspect him of DUI and that he was questioned without being advised of his Miranda rights. The court agreed with the defendant and granted the motion, which ultimately resulted in the dismissal of the DUI charges.

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Published on: March 29, 2020

Court Rules the Smell of Marijuana is Insufficient Grounds for Stop and Search of a Vehicle

By Theodore Harvatin

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 the car is operating the vehicle while intoxicated. This issue was recently addressed by a California court that ultimately found that the smell of marijuana alone was insufficient to effectuate a stop. Conversely, the issue of whether the smell of marijuana is adequate grounds to stop a driver is before the Illinois Supreme Court, with a ruling likely to be issued in the near future. If you are faced with marijuana-related DUI charges, it is in your best interest to consult a seasoned Illinois DUI defense attorney to discuss your potential defenses.

The California Ruling

It is reported that a California appellate court recently issued a ruling stating that the smell of marijuana in a vehicle is not sufficient grounds for the police to conduct a search of the entire vehicle. In that case, the police were on DUI patrol when a car without a front license plate drove by. The police stopped the car, and after approaching the vehicle, smelled marijuana. The police questioned the driver who admitted to having marijuana in his console. The police then searched the entire vehicle and found a loaded gun under the driver’s seat. The defendant was charged with possession of an illegal weapon. During the trial, the search of the defendant’s vehicle was deemed legal, but on appeal, that ruling was overturned. The court stated that marijuana use is legal, and the only evidence the police relied on as grounds to search the car was the smell of marijuana, which the court stated was not evidence of a crime.

Illinois’s Standpoint on the Issue

The issue of whether the smell of marijuana is adequate to provide a police officer probable cause to stop a motorist and search his or her vehicle was recently argued before the Illinois Supreme Court, but a ruling has not yet been issued. That case arose under similar circumstances as the California case, in that the officer stopped the defendant because he smelled an odor of marijuana coming from the defendant’s car. The defendant’s car was searched, and during the search, the police found crack cocaine, which led to the defendant being charged with drug crimes. While the stop occurred prior to the legalization of marijuana in Illinois, the argument before the Illinois Supreme Court was held after marijuana use was legalized.

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Published on: February 11, 2020

Illinois Supreme Court to Decide the Issue of Whether the Smell of Marijuana is Sufficient Cause to Conduct a Warrantless Search

By Theodore Harvatin

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 person for suspicion of DUI or any other crime unless they have reasonable grounds to believe that the person is intoxicated. Recently, the question arose as to whether the smell of marijuana emanating from a vehicle is sufficient cause for the police to conduct a warrantless search of a vehicle, now that the use of marijuana is legal. The Illinois Supreme Court recently heard oral arguments on the issue, and an answer should be forthcoming in the near future. If you are charged with a DUI due to the use of marijuana, it is advisable to consult a proficient Illinois DUI attorney regarding your case.

The Illinois Case on Appeal

It is reported that the stop and search that was conducted by an Illinois officer occurred prior to the legalization of marijuana. The officer allegedly smelled marijuana coming from the vehicle, and when he walked up to the vehicle saw a bud of marijuana in the backseat. Thus, the officer believed he had probable cause to search the vehicle. During the search, the officer did not find marijuana but found crack cocaine, which led to the defendant being charged with possession. The defendant’s attorney argued that the smell of marijuana is not sufficient grounds to believe a crime is being committed, and therefore, the police officer lacked probable cause to search the defendant’s car. Thus, the issue before the court is, now that the use of marijuana is legal, whether an officer has probable cause to search a person’s vehicle when the smell of marijuana is coming from the vehicle.

Laws Regarding Warrantless Searches and Marijuana Throughout the Country

Other states have grappled with the subject issue as well. In Pennsylvania, Colorado, and Massachusetts, the courts have ruled that the smell of marijuana, in and of itself, does not provide an officer with probable cause to search a vehicle, as it no longer indicates a person is committing a criminal act. Conversely, in Maryland, the courts have ruled that a search conducted based on the smell of marijuana is permitted because marijuana is contraband. The Maryland court stated that simply because the use of marijuana was decriminalized, it did not mean that the use was necessarily legal, as most people did not have the right to use marijuana at that time. Notably, Maryland and Pennsylvania both permit the use of medicinal marijuana but arrived at different conclusions on the same issue.

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Published on: December 16, 2019

Recent Study Shows Legalization of Marijuana Reduces Alcohol-Related Crashes in Neighboring States

By Theodore Harvatin

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 their jurisdiction could affect the crime and accident rates within their state. For example, Oklahoma and Nebraska brought a suit against Colorado, alleging that the dangerous repercussions of legalizing marijuana would leak into their state. Similarly, Idaho voiced displeasure with Washington’s recent legalization of marijuana, implying it would cause the rate of criminal activity and collisions to increase in Idaho.

A recent study suggests, however, that the legalization of marijuana use in Washington actually led to a decrease in alcohol-related car accident rates in Idaho. Although Illinois recently passed laws legalizing the use of marijuana that will become effective in 2020, the use of marijuana is not legal in any of the states neighboring Illinois. Thus, Illinois’s neighbors may experience a decrease in DUI related crashes as well. If you reside in Illinois and are faced with DUI charges, it is advisable to speak with a seasoned Illinois DUI lawyer regarding your case.

Impact of Legalization of Marijuana in Washington on Idaho DUI Crashes

It is reported that an economics professor at Utah State University analyzed data regarding car crashes in Idaho for the four years before and after the legalization of marijuana in Washington, as well as data regarding internet searches in Idaho for places to buy marijuana in Washington, and data pertaining to police search and seizures of people who were caught with marijuana in Idaho. Ultimately, the professor’s study indicated that the rate of alcohol-related collisions in Idaho decreased by 18% overall after the legalization of marijuana in Washington. Additionally, the decrease in accidents was greater in counties that bordered Washington than in those that were farther away. Thus, it was reported that the study suggests that as people have greater access to marijuana, there are fewer alcohol-related accidents.

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Published on: November 25, 2019

States Assessing the Impact of Legalization of Marijuana on DUIs and Other Crimes

By Theodore Harvatin

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 regulating the use of marijuana, noting that there are pitfalls to prosecuting marijuana DUIs, and that the legalization may not have had the impact on crime rates that was anticipated. Illinois recently decriminalized the use of marijuana, though the law will not go into effect until 2020, and the results of decriminalization are likely to be the same as those experienced in Washington. If you live in Illinois and were recently charged with a marijuana-related DUI, it is prudent to meet with a skillful Illinois DUI attorney to discuss your case.

Crime Following Washington’s Legalization of the Use of Marijuana

It is reported that Washington allows a person to be charged with a marijuana-related DUI if the person is impaired or has a whole blood THC level of 5 nanograms or higher. It appears that many prosecutors and law enforcement officers are dismayed by Washington’s current 5 nanogram limit, stating that it places pressure on them to produce test results at a trial arising out of a marijuana DUI charge, but blood tests are not administered in each case. Further, many people do not want evidence of marijuana-related impairment used as a basis for DUI, but would rather stick to the defined blood level. Marijuana is not processed the same way as alcohol, however, so testing methods that work for alcohol may not work as well for marijuana. Thus, entities in Washington continue to pursue more accurate tests.

The article also noted that not accounting for a decrease in marijuana-related arrests, crime rates in Washington did not change after marijuana was legalized. Further, there was no reduction in black market sales of marijuana. As such, studies regarding the effect of the legalization of marijuana on criminal activity were being pursued as well.

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