Medical Marijuana Bill Dangerous to Illinois Drivers

As a DUI defense attorney since 1986 (and author of Illinois DUI Law & Practice Guidebook), I am very pleased to see that there is some possible relief on the horizon for the tens of thousands of persons who can benefit from medical marijuana. However, I can also tell you that the bill contains certain provisions that will be dangerous to Illinois drivers.

Because the bill fails to contain a ‘legal limit’ for cannabis, any licensed cannabis smoker will be able to drive in Illinois with as much pot in his blood as he or she can hold.

Additionally, the bill attempts to impose the wrong type of sobriety tests on persons who are suspected of driving under the influence of cannabis. Instead of imposing the specialized tests that the National Highway Traffic Safety Administration (NHTSA) created for cannabis and other drug users  (i.e. elevated blood pressure, elevated body temperature, eye flutter, rebound dilation, etc.) the proposed law requires that the officer give them tests designed for alcohol impairment (one legged stand, walk and turn, eye nystagmus).
  
What this gaffe means is that these drivers will be given tests that they will be able to pass even though they are cannabis impaired. Why? As a certified NHTSA Field Sobriety Testing Instructor, I can state that because it is a medical fact that cannabis cannot cause eye nystagmus, these drivers will pass this test no matter how stoned they are.  

Still other drivers who smoke cannabis can simply avoid taking any field sobriety tests at all by obtaining a doctors’ note that exempts them. The proposed law will let those drivers potentially get away without being arrested simply because the bill excuses these cannabis-smoking drivers from taking sobriety testing.  Impaired drivers and powerless police do not mix.  

In addition, innocent drivers will fare worse under this bill. The proposed law requires a court to presume that a person who has failed an alcohol-based sobriety test is under the influence of cannabis – a completely nonsensical presumption indeed. While those completely stoned are given tests that they cannot fail, people guilty of perhaps nothing but advanced age, obesity, or generally poor balance will be arrested based on an inability to balance on one foot for 30 seconds without swaying.  

Prior to passing out of committee, this bill was not vetted by the groups or associations usually concerned with driving safety. The 200 plus page bill was introduced as an amendment to a ‘shell bill’ the day before it was passed by the committee, and so there are reasons to even doubt that anyone on that committee even read the entire bill before voting in its favor.

The Illinois State Bar Association Traffic Courts Section Council did not weigh in; the Alliance Against Intoxicated Motorists did not get a chance to speak; no one concerned with driving safety was given a fair chance for input.   There are various ways that one can detect drivers who are impaired by cannabis, but this bill contains none of them.

The bill does not require police to use the NHTSA-approved drug testing evaluation; it does not impose a per se limit for cannabis-smoking drivers, such as they do in medical marijuana states like Colorado or Washington.  Moreover, the only thing that police can do under this proposed law is give them alcohol-based tests or (if the driver has the doctor’s note) simply let them go.  

I ask that Governor Quinn exercise an amendatory veto on the portion of this legislation dealing with pot-smoking drivers until all interested groups are allowed a fair and reasonable opportunity to protect the public from this clearly dangerous situation.
 
Donald J. Ramsell Illinois DUI Attorney Wheaton IL 60187 630-665-8780