Medical Marijuana, not as good as you think, a problem with the card……

Next December or January they will be issuing Registered Medical Marijuana Cards in McHenry IL.  However they won’t be telling you a problem with the card.  The problem is that if you are ever stopped for a Cannabis DUI, then you will not be able to drive during the ensuing suspension (For the entire suspension).  Now this is crazy for two (or more reasons).  First, if you didn’t have the card but got a cannabis DUI, then you could have a BAIID (Breath Ignition Interlock Device) installed in your car and drive during the suspension, but because you have the card, the law specifically excludes you from getting a BAIID to drive during the suspension.  Second, the Illinois legislature is crazy when it comes to cannabis DUIs.

Remember Illinois law has always been a little nuts.  Before this law change, if you received a cannabis DUI, you could get an ALCOHOL monitoring device (the BAIID)  installed in your car, so you wouldn’t be a danger to the public.  That’s right, they caught you driving under the influence of pot so they promptly put an alcohol monitoring device in your car.  If that makes no sense to you then you can read.

The Illinois legislature has always had a backward crazytown attitude with respect to cannabis use.  The law still allows your arrest and conviction for having cannabis in your blood or urine while driving EVEN IF YOU ARE NOT UNDER THE INFLUENCE OF CANNABIS.  That was because Illinois couldn’t be bothered to actually test you for the drug, they said it would be fine to just write a “tough” law.  There were never enough pot smokers (or enough with any money to sue the state) to raise a fuss, so that’s the way the law has been for about 20 years.

Law Dude, Ray Flavin, Trial Attorney in McHenry County Illinois. His law offices are located across the street from the McHenry County IL Courthouse in Woodstock, IL. Visit Ray’s other website @ www.rayflavin.com.

Mobile: 815-334-9004

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