Is Smoking Weed in the Car Legal?

Smoking in the car is illegal under 625 ILCS 5/11-502.15. Additionally, the odor of cannabis coming from your vehicle allows a police officer to search your car. The odor of cannabis coming from your car will could cause an officer to believe you are under the influence. This may result in a police officer putting you through field sobriety test. An officer may arrest you for suspicion of driving under the influence of cannabis.

The Law About Smoking in the Car

The State of Illinois has codified the laws regarding the transportation of cannabis in 625 ILCS 5/11-502.15, specifically, the following:

A) No driver may use cannabis within the passenger compartment of any motor vehicle upon a highway in the State of Illinois. B) No driver may possess cannabis within any area of any motor vehicle upon a highway in the State of Illinois unless it is sealed in an odor-proof, child-resistant cannabis container. C) No passenger possess cannabis within any area of any motor vehicle upon a highway in the State of Illinois unless it is sealed in an odor-proof, child-resistant cannabis container.

A violation of any of the above is a class A misdemeanor criminal offense. It is punishable by up to two-years of probation or conditional discharge. Illegally transporting cannabis can result in 364 days in jail and a $2500 fine plus court cost.

Smoking cannabis in the car is still illegal. You may be arrested for Driving Under the Influence of Cannabis (DUI). You may still get DUI, even if you are just sitting in you car. The right place to challenge an officer about whether or not he can search your car is not on the street, but in court.

Even with the change in the drug laws, you still need a lawyer to help navigate and articulate your rights in court. That is where the experienced trial attorneys at Lafata Law will fight for you. Call the Wheaton defense attorneys at Lafata Law today.