Unlawful Possession of Cannabis in a Motor Vehicle

Some “traffic” tickets actually come in the form of an Unlawful Possession of Cannabis charge. You might be surprised to find out that these charges can be issued as a traffic citation or traffic ticket. It is a violation of Illinois law, 625 ILCS 5/11-502.15, to unlawfully possess cannabis in a motor vehicle.

So, what does that mean? After all, marijuana is now legal in Illinois, right?
That’s correct — you can legally purchase marijuana in Illinois. However, how you store it in your vehicle after purchasing it can put you at risk of facing a misdemeanor charge — which is what an unlawful possession of cannabis citation is.

No Using Cannabis in the Vehicle 

The law states that no driver may use cannabis within the passenger area of any motor vehicle upon a highway in Illinois. That means absolutely no consumption of cannabis is allowed inside the vehicle if you are on a highway.

(This law specifically mentions highways because it is a state law, but that does not mean you are allowed to use cannabis while driving on local streets — you would still be violating local law.)

Even if your cannabis is properly secured and sealed, you cannot consume cannabis while operating or riding in a vehicle. Simply put: if you’re on a public road, cannabis use inside the vehicle is prohibited.

Secured & Sealed Cannabis: What the Law Requires 

 Drivers are not allowed to possess cannabis in their vehicle unless it is stored in a secured, sealed, or resealable, odor-proof, child-resistant cannabis container.

If you are transporting cannabis from a dispensary, you need to make sure that it remains:

• Sealed and secured, or
• Placed in an odor-proof, child-resistant container.
   

Passengers in your vehicle must also comply with these storage requirements. Open containers of cannabis—whether in your hand, a bag, or the glove compartment—can get you cited.

Is putting cannabis in the glove compartment enough? No, unless the cannabis itself is also sealed or stored in an odor-proof, child-resistant container. Simply placing it out of sight is not compliant with the law.

Penalties for Unlawful Possession of Cannabis 

 An unlawful possession of cannabis citation is charged as a Class A misdemeanor, meaning you could face up to 12 months in jail, and a maximum fine of $2,500.00. The charge may require numerous court appearances, depending on the facts of the case. A conviction for this offense would result in a criminal record, which can affect employment opportunities, professional licenses, and future background checks.

Defenses to an Unlawful Possession of Cannabis Charge 

 Like any criminal charge, defenses may exist depending on the facts of the case. Common defenses include:

• You were not on a highway at the time of possession,
• The cannabis was properly sealed and secured,
• There was no cannabis — for example, a court may require the prosecution to verify that the substance was actually cannabis through lab testing.
   

Every case is different, and a strong legal defense can make a significant difference in the outcome.

Under 21-Year-Old Offenders 

 If you are under 21 years old, you are not permitted to possess or consume cannabis in Illinois, as outlined in 410 ILCS 705/10-15.
The only exception is if you are authorized under the medical cannabis program. Even then, possession must still comply with the sealing and storage requirements. If you are caught under 21 with cannabis possession in a vehicle, you face possible suspension or revocation of your driver’s license, in addition to other penalties.

Give Us a Call

We defend drivers charged with Unlawful Possession of Cannabis in a Motor Vehicle across DuPage, Cook, Will, and Kane Counties. If you’ve been charged under 625 ILCS 5/11-502.15, give us a call. Contact us today for a free consultation to discuss your case and legal options.