Is CBD Oil Legal for Everyone in Illinois in 2019?

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Thanks to a new federal law that took effect in December 2018, hemp has been officially removed from the federal controlled substances list. This means that you no longer need to worry about being charged with illegal drug possession for using cannabidiol (CBD) oil made from hemp in Illinois nor in any other state in the US. Under both federal and Illinois state law, hemp is defined as a cannabis plant that contains cannabinoids such as cannabidiol (CBD) but no more than 0.3 percent THC, the psychoactive compound in marijuana.

However, CBD oil derived from marijuana plants with more than 0.3 percent THC is still classified as an illegal Schedule I drug under federal law. It is legally available in Illinois only to registered medical marijuana patients.

2018 Farm Bill Legalizes Commercial Hemp Production

The 2018 Farm Bill, signed into law on December 20, 2018, took hemp off the Schedule I controlled substances list and allowed hemp to be regulated by the US Department of Agriculture (USDA). Hemp can now be grown under an approved state program or a federal program yet to be developed by the USDA. This legislation, officially known as Public Law 115-334, the Agriculture Improvement Act of 2018, opens critical doors to interstate commerce and bank financing for hemp farmers—considerations that are not yet open to marijuana producers.

In fact, CBD oil made from hemp was already widely available throughout the US, but this change in federal law has lifted any remaining concerns for anyone wanting to use it. CBD oil is widely promoted as a remedy for inflammatory conditions such as inflammatory bowel syndrome, Crohn’s disease, and rheumatoid arthritis, as well as depression, anxiety, pain, and nausea.

2018 Illinois Industrial Hemp Act Supports CBD Oil Availability

In Illinois, the Industrial Hemp Act, 505 ILCS 89, went into effect August 26, 2018. This law legalized hemp cultivation under a license issued by the Illinois Department of Agriculture (IDOA) and authorized the IDOA to develop inspection and testing procedures to ensure that the hemp being grown does not exceed the lawful 0.3 percent THC level. These new federal and state laws are expected to dramatically expand US hemp production over the next few years.

DEA Makes One Form of CBD a Schedule V Controlled Substance

In September 2018, the US Drug Enforcement Administration (DEA) placed FDA-approved drugs containing cannabidiol (CBD) extracted from cannabis and no more than 0.1 percent THC on Schedule V of the Controlled Substances Act. A schedule V drug still requires a doctor’s prescription.

This is the first time any product derived from the marijuana plant has been taken off its current placement as a Schedule I drug. This does not mean, however, that all types of medical marijuana are now approved on a federal level. It does, however, signal the potential for other medications derived from the marijuana plant to be federally approved in the future.

For the time being, the only drug approved by the FDA that falls under this new DEA ruling must be manufactured outside the US. That drug, Epidiolex, is FDA-approved for the treatment of severe forms of epilepsy.

Contact an Experienced Joliet Marijuana Defense Attorney

If you have been arrested for marijuana possession or a related offense, such as driving under the influence of cannabis, talk to a knowledgeable Will County marijuana defense attorney as soon as possible. At the Law Offices of Jack L. Zaremba, we have helped many clients facing drug-related charges. Contact us at 815-740-4025; we respond to calls 24/7.

How Can Illinois’ Driver’s License Points System Lead to a License Suspension or Revocation?

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Contrary to what some people may believe, driving is very much a privilege and not a right. There are actually quite a few ways in which an Illinois driver can lose his or her driving privileges in Illinois. Not paying child support, being convicted of DUI, not obeying a court summons, and not paying traffic tickets or fines are all ways that you can lose your driving privileges in Illinois. There is also another way you can lose your driving privileges: accumulating too many points on your Illinois driving record.

Illinois’ Driver’s License Points System

Like almost all states, the state of Illinois has a points system in place that applies to each and every driver in the state. Traffic violations are each assigned a points value and every time you commit a traffic violation, the number of points corresponding to the specific violation will be added to your driving record. The number of points that are assigned to a specific traffic violation depend on the severity of the violation -- more serious violations will have a higher point value, while lesser violations may only carry a few points. Common traffic violations and the points they carry include:

• Speeding: 5-50 points, depending on how far over the speed limit you were driving;

• Texting while driving: 20 points;

• Running a red light: 20 points; and

• Driving the wrong way on a one-way street: 5 points.

Points System and License Suspensions and Revocations

Most traffic violations will carry a specific number of points. According to the Illinois points system, there are a few traffic convictions that are serious enough to warrant an automatic license suspension or revocation. These violations include:

• DUI;

• Driving without a valid driver’s license or permit;

• Fleeing or attempting to elude a police officer; and

• Street racing.

If you commit three or more traffic offenses within a 12-month period, Illinois law states that disciplinary action will be taken. The more points you have on your record, the more severe the punishment.

A Joliet, IL Traffic Violation Defense Lawyer Can Help

Driving is one of those things that we take for granted -- we usually do not miss it until it is gone. Losing your driving privileges can make your everyday life unnecessarily difficult, which is why hiring a Will County traffic violation defense attorney is crucial if you are facing a driver’s license suspension or revocation. The Law Offices of Jack L. Zaremba, P.C., can help you avoid a license suspension or revocation. Call our office today at 815-740-4025 to set up a free consultation.

DUI Charges in Illinois – Part 2

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In a recent post on this blog, we discussed the basics of Illinois DUI law as well as possible defenses to DUI charges. Being accused of driving under the influence can have life-altering consequences. It is crucial that anyone charged with a DUI knows what their rights are as a criminal defendant as well as their legal options moving forward.

Refusing a Breath Test Does Not Prevent License Suspension

If you are pulled over on suspicion of DUI, police officers will ask you to submit to chemical BAC testing. While you technically have the option to refuse a breath test, doing so can have serious punitive consequences. Illinois has an “implied consent law” which states that anyone who drives a motor vehicle on public roads is considered to have given consent to a chemical blood alcohol content test. Refusing a breathalyzer or other BAC test after a DUI arrest results in the suspension of the suspect’s driving privileges. The summary suspension for the first refusal is a one-year license suspension. Refusing a breath test a second time within five years of the first refusal results in a three-year license suspension. Even if a suspect is eventually acquitted of DUI charges, you still have to contest the license suspension of your license to avoid these suspensions.

Aggregated DUIs Carry Harsher Punishments

A regular driving under the influence charge carries significant penalties , but certain circumstances can result in greater penalties for a DUI conviction. In Illinois, any felony DUI offense is classified as an “aggravated” DUI. A Third DUI conviction is an aggravated DUI offense and can carry a sentence of three to seven years imprisonment. A fourth DUI conviction carries a mandatory prison sentence.

DUI Resulting in Injury

The main concern with drinking and driving is the potential for other motorists and pedestrians to get hurt. A DUI which results in great bodily harm, disfigurement, or permanent disability to another person is considered a Class 4 felony, even if it is your first DUI arrest. And if your DUI which resulted in another’s death, a prison term is likely.

Contact a Grundy County DUI Attorney for Help

If you have been charged with driving under the influence, contact the experienced Joliet criminal defense attorneys at the Law Offices of Jack L. Zaremba, P.C. today. Call (815) 740-4025 to schedule a free consultation.


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