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How Much Marijuana Can You Have In Your System Without Getting A DUI?


A year and a half ago they started working this out, and now they actually have a specific amount. The specific amount that will still get you in trouble is a concentration of 5 nanograms or more per ml of whole blood or 10 nanograms or more per ml of other bodily substances. Basically its 5 nanograms in your blood and 10 nanograms presumably in your urine. I don’t think they’ll try to take it out of your spit but they will certainly give you a urine test, and that’s always been the case. You can have more in your urine than you can in your blood or even in a breath test. In a DUI, normally if you have a certain amount on the breath test, it’s typically going to be higher than the amount in the blood test. So you might have a 0.10 in your breath test but it would only be a 0.05 in the blood.

We’ll have to see how that all pans out. I can’t tell you how much that comes up to, or how much you would have to smoke to get that reading, because it depends on the strength of the marijuana. The concentration of THC or tetrahydrocannabinol in your blood varies depending upon what you are smoking. The garden variety pot that people used to grow back in the 70s and 80s was very low concentration, but the concentration now is extremely high.

The law will also allow you to buy vape cartridges. You will be able to buy cannabis in every shape and form. Many people these days eat gummies because they don’t have the smell, so nobody knows you are doing them. Those usually come in packs of 10 gummies per packet and each one of them is a tenth of a gram.

You are not allowed to have 28 grams of those – you are allowed to have, I believe, up to 5 grams in a chewable form. They’ll also have it in wax and they’ll have it as an e-vape cartridge. E-Vape cartridges are very stealth as well because they just look like any other vape cartridge and they smell just like any other vape cartridge for the most part. There are some that are very fruity, there are some that are more herblike, you can pretty much pick and choose what you want. If you go into a cannabis store right now, then there are literally 50 different varieties of vape cartridges that are available or 50 different kinds of gummies that are available. They are all dosed the same, so that’s one nice thing. You don’t have to wonder if they’re super strong or not. The gummies are going to be one tenth of a gram per gummy.

With the vape cartridges too, they will tell you what the percentage is. It’s usually a specific percentage but some are much stronger than others and there are different types. Obviously there is the Sativa which is more of the high you get if you want to stay awake and be doing things, there is Indica which is much more for a body high. It’s for people that might be in pain, that don’t necessarily want the pot high too much, they just want the benefits of cannabis. There are a lot of medical benefits to cannabis – it stops people from having seizures, for instance. I’ve seen people in stores that have no interest whatsoever in getting high but they like the medical effects of it.

You can also get the cannabis and the CBD oils. You see a lot of these CBD oils that are sold, you can get them in major drug stores now but those don’t have any of the THC in them. The ones you can get now through the regular marijuana stores will have THC and there will be blends.

It really means that you can dial in exactly what you want. You’ll go in to these stores and they will tell you that this has more of a head high, this has more of a body high, and this has more of a pain relief high, and it’s very helpful to some degree. I’m not sure many of us would notice all that much of a difference but I guess we’ll just have to find out on our own.

It’s going to be very confusing for everybody because the police aren’t going to be sure what to do. They are not going to know how to enforce these laws at first, and you can definitely still get a DUI from cannabis. Another factor that is very important from the traffic and criminal law aspect is that you cannot have open cannabis in your vehicle just like you cannot have open alcohol in your vehicle. They are both very serious offenses.

That may be surprising, because you are allowed to possess it now. You can also possess alcohol in your car in Illinois, but it has to be in a sealed container or it has to be somewhere that you can’t get to it. In other words, it has to be in the locked trunk of your car so you can’t just reach into the backseat and grab it. You can’t have a bottle of wine that’s been opened and now you are taking it home with a top on it – that’s still open transportation of alcohol. It’s the same thing if you are transporting any cannabis, it has to be in a sealed container from the state-run medical dispensary. You can’t just run around with a bag of pot in your car unless it’s in a locked trunk, or somewhere else where you can’t get to it.

It can’t be in your glove box or center console. That is going to be treated very much like open transportation of alcohol except that it will be open transportation of cannabis. With open transportation of alcohol, people often don’t understand how serious it is. They’ll say, “What’s the big deal? It’s just a beer and I wasn’t drinking anything.” If you get two open transportation of alcohol tickets in one year in Illinois and both are convictions, you will get revoked for an entire year. Not just suspended but revoked. I’m guessing they are going to treat cannabis the same way. It took a long time for Illinois to get onboard and convince a lot of these dinosaurs that cannabis is not the gateway drug to heroin. It certainly is not. It has many wonderful medical benefits, and it has a lot of benefits for people that don’t want to have a horrible hangover the next day, but it still has to be used within the bounds of the law.

For more information on Marijuana Related DUI And Traffic Offenses, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

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