Illinoisans Beware: You Still Can’t Toke and Drive

For those who have taken full advantage of the fact cannabis is now legally available for purchase at your nearest dispensary, provided you are at least 21, a word of caution: you still can be arrested for possessing the drug.

Last week, the police blotter section of my local newspaper listed three individuals who were arrested and charged with unlawful possession of cannabis by a driver. Just like it is illegal to drive with an open bottle or can of alcohol, it is illegal to have cannabis that is readily available to smoke.

In order to avoid a charge of unlawful possession while driving or worse (e.g., DUI), cannabis must be “reasonably secured, [in a] sealed container and reasonably inaccessible while the vehicle is moving”. In other words, after purchasing cannabis from a dispensary, the drug should remain in the sealed container until you return home.

Until the city or village where you live authorizes other locations (e.g., smoke shop) where you can legally smoke cannabis, you are restricted to smoking in your residence, unless you have been forbidden from doing so by your landlord.

Of course, it goes without saying that if someone is caught with cannabis that he/she did not purchase from a lawful cannabis dispensary, one can be charged with unlawful possession regardless of how old you are. Local law enforcement knows that the legalization of cannabis has not eliminated the illegal cannabis market. In fact, according to one law enforcement official I spoke with, the illegal drug market is flourishing.

This is even more reason to suspect that local police may be expanding -- not cutting back -- their efforts to crack down on illegal cannabis sales. Therefore, whatever you do, don’t toke and drive. The police are not going to look the other way.