Illinois recently updated its DUI law in response to its new medical marijuana law, which became effective in January of 2014. Under the new law, an authorized medical marijuana user can legally use marijuana and operate a motor vehicle as long as he or she is not impaired while driving. However, a licensed user now gives up certain rights in exchange for this immunity. Normally, under Illinois law, a person being investigated for a DUI is not required to submit to field sobriety tests and there is no penalty for refusing to take or failing the tests. Under the new law, however, a licensed marijuana user must submit to these tests if the officer has reasonable suspicion the person is driving under the influence of marijuana. If the licensed user fails or refuses testing, he is subject to suspension or revocation of his driving privileges.
This October, an Arizona appellate court came to a similar, if slightly less explicitly stated, conclusion, holding that drivers with medical marijuana licenses can nonetheless be charged with driving under the influence.
Before the court was the question of whether Arizona’s Medical Marijuana Act (AMMA) prohibited the State from prosecuting a licensed marijuana user for a DUI. The court concluded that AMMA does not grant such immunity.