How States Restrict Recreational Marijuana

 Posted on October 17, 2018 in DuPage County criminal defense attorney

Illinois laws treat marijuana differently as compared to other illegal substances. Medical marijuana is legal, and lawmakers have decriminalized possession of a small amount of marijuana. With several states having already legalized recreational marijuana, Illinois seems likely to follow suit at some point. However, these states heavily regulate recreational marijuana use because of the perceived public safety risks associated with being high. Marijuana-related arrests continue as the public and law enforcement figure out the new laws. Here are five restrictions that states use when they legalize recreational marijuana:

1. Possession Limits: States put limits on how many grams of marijuana you can have, which can vary depending on whether it is in flower, liquid, or edible form. The amount you can possess in public is much less than what you can possess at your private residence. Being caught with an ounce more than the legal limit is usually a petty offense, but possessing large amounts of marijuana can be a misdemeanor or felony.
2. Age Minimum: An adult must be at least 21 years old in order to possess marijuana in states where it is legal. As with alcohol, teens will be charged with underage possession.
3. Where You Can Use It: Every state that has legalized recreational marijuana has also banned people from using it in public places. Smoking marijuana in a public place is a petty offense or a misdemeanor if you possess more than the legal limit.
4. Transporting Marijuana: As with alcohol, drivers are not allowed to have marijuana in an open container in the passenger area of a vehicle. Police officers may have their own interpretations of what is an open container, but they usually must observe evidence that the marijuana product has been used.
5. Driving Under the Influence: Driving under the influence of marijuana is a crime, but states have not yet agreed on how to measure whether a driver is impaired by marijuana. Law enforcement uses THC levels as the equivalent to the blood alcohol concentration for driving under the influence of alcohol. However, THC levels may not indicate whether a driver was impaired by the substance because they can stay in a person’s blood for days. Without an objective test, police officers must rely on subjective observations when deciding whether to make an arrest.

Facing Marijuana Charges

Illinois does not appear to be close to legalizing recreational marijuana. Possessing more than 10 grams of marijuana is a criminal offense that could result in jail time and fines. A DuPage County criminal defense attorney at Stephen A. Brundage, Attorney at Law, can help you contest your marijuana charge or receive minimal punishment. Schedule a consultation by calling 630-260-9647.

Source:

https://www.illinoislegalaid.org/legal-information/cannabis-or-marijuana-laws-and-penalties-basics