Possession of Cannabis in a Motor Vehicle by Mark Lipton & Matthew Lee
Now that the State of Illinois has legalized recreational use of cannabis, people need to be
aware of a relatively new addition to the Illinois Motor Vehicle Code. In 2015, the State
enacted a statute entitled Possession of Medical Cannabis in a Motor Vehicle which
established restrictions on the possession of medical cannabis in a motor vehicle.
In June, 2019, the State enacted another statute (see attached) which deals with the
possession of Adult Use Cannabis in a Motor Vehicle. The two sections are not identical
and are enclosed with this article.
It is important to know the restrictions on transporting cannabis in a motor vehicle since
most people will simply assume that they can transport cannabis as long as it is less than
30 grams. 30 grams is slightly over one ounce. The new law restricts transporting
cannabis in a car. It must be in a sealed, odor-proof, child resistant cannabis container. In
other words, you cannot make a purchase and then later transport a smaller amount
elsewhere using a baggie.
It is also interesting to note that prior to the effective date of the recreational cannabis
law, possession of 30 grams or less of cannabis was a Class B Misdemeanor. A Class B
Misdemeanor carries a possibility of up to 6 months in jail and a $1,500.00 fine. The new
law makes improper transportation of recreational (referred to as adult use cannabis in
the statute) a Class A Misdemeanor, punishable by up to 364 days in jail and a fine of up
to $2,500.00.
People who violate the Possession of Medical Cannabis in a Motor Vehicle Act not only
commit a Class A Misdemeanor but are subject to revocation of their medical cannabis
card and revocation of certain statuses that they might have.
The Possession of Adult Use Cannabis in a Motor Vehicle statute (see attached) is much
shorter and doesn't make any reference to collateral impacts. At this time there are no
Secretary of State rules or regulations concerning action on a person's driver's license if
convicted of this offense.
For more information, please contact Meyer Capel, a Professional Corporation, at (217)
352-1800.
*Mark Lipton and Matthew Lee both served several years as prosecutors in local State’s
Attorney’s offices prior to joining Meyer Capel. Mr. Lipton has been with the firm since
1982, and Mr. Lee since 2014. Both concentrate in criminal law and traffic matters,
including DUI defense.
VEHICLES
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/Ch. 11 Art. V heading)
ARTICLE V. DRIVING WHILE UNDER THE INFLUENCE,
TRANSPORTING ALCOHOLIC LIQUOR,
AND RECKLESS DRIVING
(Source: P.A. 99-78, eff. 7-20-15.)
5/11-502.1 Possession of medical cannabis in a motor vehicle.
§ 11-502.1. Possession of medical cannabis in a motor vehicle.
(a) No driver, who is a medical cannabis cardholder, may use medical cannabis within the
passenger area of any motor vehicle upon a highway in this State,
(b) No drive, who is a medical cannabis cardholder, a medical cannabis designated caregiver,
medical cannabis cultivation center agent, or dispensing organization agent may possess
medical cannabis within any area of any motor vehicle upon a highway in this State except in a
sealed, tamper-evident medical cannabis container.
(c) No passenger, who is a medical cannabis card holder, a medical cannabis designated caregiver,
or medical cannabis dispensing organization agent may possess medical cannabis within any
passenger area of any motor vehicle upon a highway in this State except in a sealed, tamperevidence medical cannabis container.
(d) Any person who violates subsections (a) through (c) of this Section:
(1) commits a Class A misdemeanor;
(2) shall be subject to revocation of his or her medical cannabis card for a period of 2 years
from the end of the sentence imposed; i
(4) shall be subject to revocation of his or her status as a medical cannabis caregiver,
medical cannabis cultivation center agent, or medical cannabis dispensing organization
agent for a period of 2 years from the end of the sentence imposed.
P.A. 76-1586, § 11-502.1, added by P.A. 98-122, § 935, eff. Jan. 1, 2014.
i So in enrolled bill, no subd. (d)(3).
Effective: June 25, 2019
Currentness
§ 11-502.15 Possession of adult use cannabis in a motor vehicle.
(a) No driver may use cannabis within the passenger area of any motor vehicle upon a highway in
this State.
(b) No driver may possess cannabis within any area of any motor vehicle upon a highway in this
State except in a sealed, odor-proof, child-resistant cannabis container.
(c) No passenger may possess cannabis within any passenger area of any motor vehicle upon a
highway in this State except in a sealed, odor-proof, child-resistant cannabis container.
(d) Any person who knowingly violates subsection (a), (b), or (c) of this Section commits a Class A
misdemeanor.
