Compliance » Why Some Cannabis Users Get A Pass Driving In Illinois

Why Some Cannabis Users Get A Pass Driving In Illinois

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April 14, 2015

The Illinois law addressing driving and marijuana is known colloquially known as a “trace law,” because it forbids driving with any level of detectable marijuana in the system, regardless of whether evidence of impairment exists. It’s a bizarre law, given that marijuana can remain detectable in the system for days, up to weeks or even months after its ingested, depending on the test. But there is an exception to the Illinois trace law that is more bizarre than the law itself, and that exception is scrutinized by Epstein Becker & Green attorney Mark M. Trapp, writing in the Journal of the DuPage County Bar Association. In an article entitled “Medical Marijuana and the ‘Trace Law’: Why Treat Cheech Worse Than Chong?” Trapp makes the case that current Illinois law constitutes unequal treatment before the law and may violate the equal protection clause of  both the Illinois and U.S. constitutions.

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