Long and short, the Illinois State Police has stated it will “not revoke Firearm Owners’ Identification cards based solely on a person’s legal use of adult-use cannabis.” Further, unless the user (for some reason) authorizes to the contrary, a marijuana dispensary is prohibited under Illinois law from giving a customer’s personal information to anyone or any entity, including the Illinois State Police or the federal BATFE. Please note there may be greater disclosures to government entities if a medical marijuana card is used. This is good news and those who use recreationally and legally (not being convicted of driving under the influence, for example) while legally exercising their FOID rights should not have any trouble.
However, note that carrying a concealed firearm while under the influence violates the Concealed Carry Act, and under the Act such cases will be evaluated under the same standard as used for testing for a DUI. But while the tests for measuring marijuana impairment are problematic (You still can’t smoke weed and drive — but the tests to prove impairment murky), the tests for carrying a firearm under the influence of marijuana will probably be equally difficult to administer, beyond stereotypical effects such as red eyes and slurred speech.
That is just one example of what can arise in this emerging landscape. As may be obvious, this is a new law with many possible nuances, depending on the situation and possibly the government official/law enforcement officer interpreting it. If you have concerns regarding marijuana use in Illinois, as it pertains to firearm rights or other issues, please contact the Firm for a consultation.
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
