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HB 2416

VEH CD-DUI CANNABIS

104th Regular Session Introduced by Tony McCombie and 1 co-sponsor

The bill forbids driving or being in control while under cannabis impairment, adds cannabis to combined-influence rules, and sets DUI penalties including enhanced ones.

Added Co-Sponsor Rep. Tony M. McCombie
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Bill Summary · HB 2416

Summary — HB 2416 (VEH CD — DUI & CANNABIS)

Note: The materials provided include two distinct draft texts that share the HB 2416 number in different states. This summary focuses on the vehicle/DUI/cannabis measure (Illinois-style text titled “VEH CD‑DUI CANNABIS”). A separate short Arizona draft (adding a right‑of‑action to challenge unlawful acts by government officials) also appears in the packet; that is a different subject and likely a separate bill in a different chamber.

Purpose

Amend the State Vehicle Code to explicitly prohibit driving (or being in actual physical control of a vehicle) while under the influence of cannabis and to update the statute governing impairment from combinations of alcohol, cannabis, other drugs, or intoxicating compounds. The bill also adjusts related per se provisions and repeats or clarifies criminal penalties for DUI and aggravated DUI.

Key provisions

  • Adds cannabis explicitly as a prohibited basis for DUI: a person may not drive or be in actual physical control of a vehicle while “under the influence of cannabis to a degree that renders the person incapable of safely driving.”
  • Expands the “combined influence” clause to include alcohol, cannabis, other drugs, or intoxicating compounds (previously referenced alcohol, other drugs, or intoxicating compounds).
  • Retains/addresses per se elements: the bill references existing provisions for alcohol concentration (0.08 BAC) and includes paragraphs concerning detectable amounts of controlled substances in blood/urine and tetrahydrocannabinol (THC) concentration measured within 2 hours of driving; the draft text is partially garbled, but it indicates the legislature is addressing both impairment-based and certain per se measures.
  • Medical cannabis carve‑out: paragraph language states that certain per se THC concentration provisions do not apply to lawful consumption by a qualifying medical cannabis patient (registered under the state Compassionate Use/medical cannabis program) who holds a valid registry card — unless that person is actually impaired by cannabis.
  • Penalties:
    • General DUI remains a Class A misdemeanor.
    • Mandatory minimums for repeat offenders (second DUI): either 5 days imprisonment or 240 hours community service in addition to other sanctions.
    • Enhanced penalties when transporting a person under 16: up to 6 months imprisonment, an additional mandatory $1,000 fine, and 25 days community service in programs benefiting children.
    • High BAC (0.16 or more) on first offense: mandatory minimum 100 hours community service and $500 minimum fine; higher penalties for repeat high‑BAC offenses.
    • Aggravated DUI definitions and penalties retained/expanded (third/subsequent offenses, crashes causing injury or death, DUI while revoked/suspended, DUI in a school bus, etc.). (Text truncated/partly garbled; consult final bill for full list.)

Who is affected

  • All drivers and persons in actual physical control of motor vehicles in the state.
  • Registered medical cannabis patients: the bill preserves a limited exemption from certain per se THC-concentration provisions but does not exempt them from impairment-based prosecution.
  • Law enforcement and prosecutors: will apply impairment and possibly THC/blood-level rules in traffic stops and prosecutions.
  • Courts and administrative license authorities: will apply penalties, enhanced penalties, and suspension/revocation rules.

Procedural status (as provided)

  • Introduced: February 4, 2025.
  • Filed with Clerk: January 31, 2025.
  • Readings and referrals: House First Reading, Second Reading, Referred to Rules Committee, Referred to State Affairs. Read first time March 17, 2025 (per provided timeline).
  • Co-sponsors and sponsors listed include Representatives Patrick Windhorst (primary for the vehicle code text), Tony M. McCombie (co-sponsor added), and others. SB 1187 is listed as a companion.

Potential impacts and considerations

  • Clarifies that cannabis can be an independent basis for DUI charges under an impairment standard (not just alcohol or other drugs).
  • The presence of both impairment‑based language and references to THC concentration/per se limits could increase legal/forensic complexity: THC metabolite detection and impairment are less directly correlated than alcohol BAC; this may raise evidentiary and testing questions in prosecutions and defenses.
  • The carve‑out for qualifying medical cannabis patients narrows but does not eliminate exposure to prosecution if actual impairment is shown.
  • Enforcement may require expanded training and toxicology practices for law enforcement and prosecutors.

Caveat: the draft text provided here appears partially truncated and contains formatting errors. For prosecutorial, enforcement, or litigation purposes, consult the final engrossed bill text as enacted or the legislative counsel’s official version for precise statutory language.

Compiled from official sources — confirm details with the bill’s official record.

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