We all know that as of January 1, 2020, recreational marijuana was made legal in Illinois. What we don't know is how those relaxed laws will still be enforced. The law is murky and unclear. Technically, you can't consume any THC products outside of the privacy of your own home. This includes any place where you can be viewed by the public, including a backyard, porch, sidewalk or balcony. In the city of Chicago, Mayor Lori Lightfoot spoke publicly indicating that Chicago Police would not be issuing citations for people smoking on their balconies, despite what the Illinois law outlines (see below 1). But what happens when an overambitious police officer receives a call from a person who has small children and is complaining about their neighbor's cloud of smoke that is coming into their unit? Does that police officer try to protect and serve innocent children or will that officer simply walk away because the Mayor said so? You don't want to be the case study that makes the news.
Also in the news, we heard about the head on collision caused by the driver who was high on cannabis in Lisle (see below 2). Of course, the first major collision involving THC will make the headlines. And to be clear, thank God, no one was seriously hurt. But the mainstream media and a large percentage of the general public are still very much opposed to the new relaxed laws. Public outcries and front page news articles are inevitable. From that comes increased pressure on local law enforcement to "do something".
Accordingly, I have spoken with several police officers from different departments around the Chicagoland area that are actually excited for the new laws. Why? Because they can be the first person in their department to get a DUI conviction for marijuana since the year started. But there is no "portable breath test" that is deemed admissible in court (yet). Field sobriety tests like the "one legged stand" test and "walk and turn" test aren't applicable like they are for alcohol DUIs. So a police officer's best bet to arrest and convict for a marijuana DUI is to find someone in the act smoking or with THC products within their immediate control in a vehicle. Your best bet? Keep your weed at home.
Illinois sold almost $11 million in marijuana revenue in the first five days of 2020 (see below 3). The numbers are staggering. The commonality and normalcy of people purchasing marijuana will continue. Illinois will issue 75 new dispensary licenses by May 1, 2020. But the issues that may stem from it will not go away. You don't want to be a figure. You don't want to end up on the front page of the newspaper. So understand the law, be smart and be safe.
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