Illegal Transportation of Alcohol and Marijuana in Illinois

Illinois imposes various regulations on the transportation of alcohol and marijuana in motor vehicles. These laws differ from alcohol or marijuana-related DUI laws in Illinois. However, a violation can result in a criminal offense, as well as a suspension or revocation of driving privileges.

This page explains the relevant legal standards, consequences for a violation, and how our office can help an individual with driver’s license reinstatement following an alcohol or cannabis-related suspension or revocation.

Transportation or Possession of Alcohol in a Vehicle

Section 11-502 of the Illinois Vehicle Code prohibits drivers and passengers from transporting or possessing open containers of alcoholic liquor within the passenger area of a motor vehicle on a public highway. Alcohol may only be present if it is in the original container with the seal unbroken. Any open container must be placed in an area not accessible while driving, such as the trunk.

There are limited exceptions for specific types of vehicles. Alcohol may be lawfully transported in the passenger area of a limousine, chartered bus, or motor home when used for their customary purposes. However, even in these cases, the driver is strictly prohibited from possessing or consuming alcohol near the driver’s compartment. Any evidence that the driver consumed alcohol is considered prima facie evidence of a violation of this section.

A conviction for Illegal Transportation of Alcohol can affect a person’s driving privileges. For drivers age 21 and older, a first offense is considered a moving violation. A second conviction within a one-year period results in a mandatory 12-month suspension of the individual’s driver’s license under 625 ILCS 5/6-206(a)(23). For drivers under the age of 21, the consequences are more severe. A first-time conviction leads to a 12-month suspension, and a second conviction can result in a full revocation of driving privileges, pursuant to sections 5/6-205(a)(13) and 625 ILCS 5/6-206(a)(33) of the Illinois Vehicle Code.

In terms of criminal classification, Illegal Transportation of Alcohol is a petty offense punishable by a fine of up to $1,000 plus court costs. Because it is a moving violation, it can also add points to the Illinois driver’s record. These penalties apply in addition to any administrative action taken by the Secretary of State.

Cannabis Possession and Use in a Motor Vehicle

The legalization of adult-use cannabis in Illinois has not removed all restrictions, particularly regarding use and transport in vehicles. Section 11-502.15 of the Vehicle Code establishes firm boundaries for drivers and passengers when cannabis is present in a motor vehicle on a public highway. Under 625 ILCS 5/11-502.15, the following restrictions apply:

• Drivers may not use cannabis in the passenger area of a motor vehicle.
• Drivers may not possess cannabis within the vehicle unless it is stored in a secured, sealed or resealable, odor-proof, child-resistant container that is inaccessible during vehicle operation.
• Passengers are subject to the same restrictions on use and possession.

Any person who knowingly violates subsection (a), (b), or (c) of this statute commits a Class A misdemeanor. This applies regardless of the legality of the cannabis purchase or possession elsewhere. In other words, lawful possession under the Cannabis Regulation and Tax Act does not permit open or accessible cannabis in a vehicle.

When transporting legally obtained cannabis, proper storage is critical. Compliance requires that cannabis be inaccessible to the driver and any passengers during transport. Generally, this means placing the product in a sealed container in the trunk. A glove compartment or passenger seat is not considered inaccessible for legal purposes.

License Suspension or Revocation for Transportation Violations

In addition to potential court-imposed penalties, transportation offenses can result in suspension or revocation of driving privileges through the Illinois Secretary of State. These penalties are administrative and occur independently of criminal sentencing. The length and type of suspension depend on the nature of the violation and the driver’s age and record.

Alcohol-Related Suspensions

For drivers age 21 and over, a second or subsequent conviction for illegal transportation of alcohol under Section 11-502 within one year allows the Secretary of State to enter a discretionary suspension under 625 ILCS 5/6-206(a)(23).

For drivers under the age of 21, Illinois law imposes stricter penalties for transporting or possessing alcohol in a vehicle, even if the container is not open. A first conviction for illegal transportation under 625 ILCS 5/11-502 can result in a suspension of driving privileges under 625 ILCS 5/6-206(a)(33). The length of the suspension for the first offense is typically three months.

If the underage driver is convicted a second time, the Secretary of State may revoke the driver’s license under 625 ILCS 5/6-205(a)(13). Unlike a suspension, a revocation generally requires a hearing with the Illinois Secretary of State to request driver’s license reinstatement in the future. Unlike a suspension, it does not automatically end on a given date if all other requirements are satisfied, such as payment of reinstatement fees.

Under state procedures, once a qualifying conviction is entered in court, the clerk of the court must notify the Secretary of State. The administrative suspension or revocation can then be imposed, separate from any court fines, community service, or other penalties. These rules reflect Illinois’ zero-tolerance approach to underage alcohol offenses.

Cannabis and Controlled Substance Suspensions

Drivers convicted of illegally possessing cannabis while operating or in actual physical control of a motor vehicle may face a one-year suspension of their driving privileges under 625 ILCS 5/6-206(a)(28). This includes cannabis prohibited under the Cannabis Control Act, as well as other controlled substances under the Illinois Controlled Substances Act or Methamphetamine Control and Community Protection Act.

The law requires that the court make an explicit finding that the offense occurred while the defendant was operating a motor vehicle. Once this finding is made, the clerk must report the offense to the Secretary of State, and a suspension can be imposed.

Reinstating Driving Privileges After Suspension or Revocation

A license suspension or revocation resulting from alcohol or cannabis transportation violations can significantly impact daily responsibilities, including employment, childcare, and education. Fortunately, relief options may be available depending on the circumstances and driving record.

The first step in addressing a transportation-related suspension is to determine eligibility for driving privileges. In cases of driver’s license revocation, an Illinois Secretary of State hearing will be required to apply to reinstate a driver’s license. In contrast, a suspension may only involve payment of a reinstatement fee and confirmation that the suspension term has ended.

It is essential that a suspended or revoked driver consults with an Illinois driver’s license reinstatement attorney to determine the best course of action in their specific case.

Contact Wirth Law for a Free Consultation

Illegal transportation of alcohol or cannabis may seem like a minor traffic matter, but it can have serious consequences on driving privileges. Wirth Law has been practicing Illinois driver’s license reinstatement law since 2002. We have extensive experience with driver’s license reinstatement hearings in Illinois. Our firm is committed to helping individuals get their driver’s license back after a suspension or revocation.

Jennifer Wirth, Attorney at Law, has received the Avvo Client Choice Award annually for the last decade, while maintaining a perfect 10.0 rating on Justia. With a win rate of 95% of first-time hearings on an annual basis, we remain committed to providing exceptional client service and outstanding legal representation. We believe that clients deserve a top-quality license reinstatement lawyer when dealing with the loss of their driver’s license.

Our office provides free consultations and flat-fee pricing for driver’s license reinstatement services. Contact our office for a free consultation by calling (312) 761-8290 or completing our contact form.