Recreational marijuana is now legal in Ohio. However, Ohio’s existing OVI laws are unaffected: It is still illegal in Ohio to operate a vehicle while impaired from marijuana OR if marijuana is present in your system.
Testing for Marijuana
Ohio's current OVI law makes it illegal to operate a motor vehicle if a person has above the legal limit of marijuana metabolites in their system. Currently Ohio primarily uses urine tests to determine if someone is guilty of a marijuana OVI. Due to the way that the body metabolizes marijuana however, a person who is no longer high may still test above the legal limit. Even more frustrating is that under Ohio Law, officers are testing for Carboxy-THC, an inactive metabolite of marijuana – one that does not have any psychoactive effects in its own right and may even have a still have a role in the medical benefits of cannabis.
Simply put, this metabolite stays in an individual’s system much longer than the person feels the effects of marijuana. So, during a traffic stop, a driver may not feel ‘under the influence,' yet still test over the legal limit. This becomes more likely with frequent marijuana use.
Because of this testing issue, drivers who frequently use or have recently used marijuana should never submit a urine sample.
Defending against a Marijuana OVI
The same arguments for driving under the influence of alcohol apply to those with marijuana, including whether there was reasonable suspicion to stop, test, and arrest. Now that recreational marijuana is legal, there is heightened pressure on the government to meet these standards.
Experienced representation is key when you’ve been charged with an OVI. If you've been charged with an OVI in Ohio, contact our offices in Columbus or Cincinnati for a free consultation.