New Recreational Marijuana Law: Considering the Increased Risk of Illinois Marijuana-Impaired Accidents in 2020
Yesterday, Illinois Governor J.B. Pritzker signed Illinois House Bill 1438 into law, effective January 1, 2020. In doing so, Illinois becomes the 11th state to legalize recreational marijuana.
“As the first state in the nation to fully legalize adult-use cannabis through the legislative process, Illinois exemplifies the best of democracy: a bipartisan and deep commitment to better the lives of all of our people. Legalizing adult-use cannabis brings an important and overdue change to our state, and it’s the right thing to do…. I’m so proud that our state is leading with equity and justice in its approach to cannabis legalization and its regulatory framework. Because of the work of the people here today and so many more all across our state, Illinois is moving forward with empathy and hope.”
Go here to read the complete text of House Bill 1438, entitled The Cannabis Regulation and Tax Act.
The New Illinois Recreational Marijuana Law: What does it mean?
Starting on New Year’s Day (January 1, 2020) it will be legal to buy and sell marijuana in the State of Illinois. The law does have specific guidelines for the purchase, sale, and possession of marijuana (aka pot or cannabis):
- Buyers have to be over the age of 21 years;
- Buyers will be able to buy marijuana (pot, cannabis) anywhere in the State of Illinois; and
- Marijuana (pot, cannabis) must be sold at a state-licensed dispensary.
Furthermore, there is a limit on how much recreational marijuana (pot, cannabis) someone can have on their person, called the “possession limit” under the new law:
Illinois Residents’ Recreational Marijuana Possession Limit
- 30 grams of cannabis flower;
- 5 grams of cannabis concentrate; and
- No more than 500 milligrams of THC contained in a cannabis-infused product.
Non-Residents of Illinois Recreational Marijuana Possession Limit
- 15 grams of cannabis flower;
- 5 grams of cannabis; and
- No more than 250 milligrams of THC contained in a cannabis-infused product.
The possession limits are to be considered cumulative.
Recreational Marijuana and Impaired Drivers: The Risk of Serious or Fatal Accidents
Studies confirm that marijuana will impact the driver’s ability to operate a motor vehicle. For details, read our discussion in “Marijuana Accidents: Impaired Driving in Indiana and Illinois.”
Illinois Safety Group Issues Public Warning
In response to the action taken by Illinois Governor Pritzker, the National Safety Council has released its warning to the public regarding the dangers of drivers driving impaired after using recreational marijuana (as well as workers who are impaired on the job). From its offices in Ithasca, Illinois, the internationally-known safety advocacy group urged other laws be passed to restrict marijuana-impaired driving.
From the Illinois safety group:
- Marijuana use can impact judgment, reflexes and cognitive dexterity, increasing the risk of injury both behind the wheel and in the workplace.
- The effects of cannabis can vary greatly and may happen quickly or slowly over time, depending on how it was consumed and an individual’s body composition. It is difficult to determine how long impairment will last because THC, the psychoactive ingredient in marijuana, is stored in body fat, unlike alcohol, which is stored in the blood.
- States with legal recreational or medical marijuana are reporting an increase in fatal motor vehicle crashes involving THC.
May 2019 Congressional Report on Marijuana Use and Highway Safety
Of extreme importance to those of us living or working in Illinois and driving on its roadways is the Congressional Research Report prepared for Congress by David Randall Peterman, entitled “Marijuana Use and Highway Safety: May 14, 2019.”
From that Congressional research report, we know that there are not enough studies to determine exactly how much using marijuana increases the risk of a serious or deadly crash. The research is still being done.
In its 2017 report to Congress, the National Highway Transportation Safety Administration (NHTSA) found the risk of having an accident was 1.83 times higher for a marijuana-impaired driver than for an unimpaired driver. The May 2019 Congressional Report also confirmed studies that found marijuana-impaired drivers had an increased crash risk that was as high as 300% that of unimpaired drivers.
Determining Marijuana Impairment as a Factor in an Accident or Crash
Another concern, now that Illinois has passed its recreational marijuana law, is how will the law be enforced. How will state and local police know when someone is driving under the influence of marijuana? How can a police officer or state trooper confirm a driver is driving impaired by marijuana even if they are suspicious and pull the car over?
The reality today is that it’s hard to get this kind of data since there are no concrete ways to confirm a driver is impaired with marijuana. Right now, police are not able to use tests like breathalyzers for marijuana, as they can do for alcohol. See, “Illinois Law Enforcement Has No Way To Roadside Test For Marijuana Impairment While Driving As Legalization Looms,” written by Tara Molina and published by CBSChicago.com on June 19, 2019.
For those involved in a serious or fatal accident in Illinois after January 2020, this inability to test for marijuana impairment at the scene of the crash is of critical importance.
Justice in Illinois after a Serious or Fatal Accident Involving a Marijuana-Impaired Drugged Driver
Given there is no “marijuana breath test” currently available to confirm a driver’s drug impairment, coupled with the range of effects that cannabis can have on the individual driver, it will be difficult for both law enforcement and advocates for accident victims to confirm that marijuana impairment contributed to the crash.
The police need to confirm marijuana (pot, cannabis) impairment in order to support probable cause to arrest the driver for driving under the influence (DUI). The accident victim needs to confirm marijuana (pot, cannabis) impairment in order to substantiate the claim of negligence and liability of the impaired driver.
For now, victims of marijuana-impaired drivers in Illinois will have to investigate in great detail not only the crash itself, but the circumstances leading up to the accident. Proof of marijuana (pot, cannabis) impairment may be found in witness statements, history of usage, computerized recordings within the vehicle’s automated technology, and more.
Justice will be available in Illinois for victims of marijuana-related accidents. The laws of Illinois will protect the accident victim and their families via existing personal injury laws. Sadly, the need for these kinds of extensive investigations into severe and fatal motor vehicle accidents on Illinois roads is likely to rise next year, once recreational marijuana is legal. Please be careful out there!
