The Cole Memo

#97 - Illinois' Cannabis Per-Se Limit: An Impossible Standard as Interpreted?


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In 2016, Illinois decriminalized small amounts of cannabis. Under the 2016 law, those caught with up to 10 grams of marijuana faced fines of $100 to $200. The law also changed the state’s zero-tolerance policy for driving under the influence. In doing so, Illinois created a "per-se" limit. A "per-se" limit is the concept that allows the state to assume you're guilty of driving under the influence even if the state is unable to prove impairment. These arbitrary thresholds have created complications for cannabis users in Illinois, particularly during traffic stops. Many individuals find themselves charged with intoxication despite not being impaired. From what I've been able to gather, beyond the low threshold levels, the real concern is the methodology that is practiced by one of the only labs in the state of Illinois that performs this type of testing in response to the change in the DUI statute in 2016. Watch video version and read full show notes here: https://thecolememo.com/2024/05/25/e97/
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The Cole MemoBy Cole Preston

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