Question

Joey, who is a medical cannabis cardholder, is driving upon a highway in Illinois with his medical cannabis on the passenger seat next to him, ready to be used. Has Joey violated the Illinois Vehicle Code regarding possession of medical cannabis in a motor vehicle in this situation?

Answer 1

Joey has not violated the Illinois Vehicle Code regarding possession of medical cannabis in a motor vehicle in this situation.

Step-by-step explanation:

In Illinois, the possession and use of medical cannabis are legal for qualified patients. The Illinois Vehicle Code, specifically Section 11-501, addresses the possession and use of drugs and alcohol while operating a motor vehicle. However, it does not explicitly mention medical cannabis.

The Illinois Department of Public Health (IDPH) and the Illinois Department of Agriculture (IDOA) have issued guidance on the use of medical cannabis. According to the IDPH, medical cannabis patients can possess and consume cannabis while in a vehicle, as long as it is not being smoked or vaporized while the vehicle is in motion.

Since Joey is not smoking or vaporizing medical cannabis while the vehicle is in motion, he is in compliance with the guidelines set forth by the IDPH. Furthermore, there are no specific laws or ordinances in Illinois that prohibit the possession of medical cannabis in a motor vehicle, as long as it is not being actively consumed.