---
title: "Can someone be charged with DUI for legal recreational cannabis use in Illinois?"
description: "Yes. Recreational cannabis legalization did not eliminate DUI liability. A driver over 21 who legally purchased cannabis at a licensed Illinois dispensary can still be charged under 625 ILCS 5/11-501..."
url: https://chicagoduilawyer.net/faq-items/can-someone-be-charged-with-dui-for-legal-recreational-cannabis-use-in-illinois/
date: 2026-07-08
modified: 2026-07-08
author: "Chicago DUI Lawyer"
type: faq
lang: en
---

# Can someone be charged with DUI for legal recreational cannabis use in Illinois?

Yes. Recreational cannabis legalization did not eliminate DUI liability. A driver over 21 who legally purchased cannabis at a licensed Illinois dispensary can still be charged under 625 ILCS 5/11-501 if THC blood concentration hits 5 ng/mL or if actual impairment is shown. Legality of possession and legality of driving are separate legal questions. The chicagoduilawyer.net network sees a common client pattern: consumption at home the night before, morning commute, traffic stop, blood draw still shows residual THC. Legal purchase does not shield against per se detection windows that outlast psychoactive effect.