If you’ve used marijuana recently, you might wonder if you can still be charged with an OVI in Ohio. Here’s what you need to know about marijuana and impaired driving laws from an experienced OVI lawyer.
Understanding Ohio’s OVI Laws
In Ohio, Operating a Vehicle Under the Influence (OVI) laws apply not only to alcohol but also to illegal drugs and controlled substances. Marijuana, though legalized recreationally and medically in Ohio, is treated as a “drug of abuse” under OVI law.
Two Paths to an OVI With Marijuana
There are two distinct routes through which marijuana can lead to an OVI charge:
- Actual impairment: If police observe behavior like swerving, delayed reactions, trouble with roadside tests, or signs of impairment, you can be charged.
- Per se violation: Even without obvious impairment, if chemical testing shows certain levels of marijuana metabolites in your blood or urine, a per se violation applies.
Per se Limits in Ohio
Ohio’s statute sets specific thresholds for metabolite levels in blood or urine. According to Ohio’s Laws & Administrative Rules:
- At least 50 nanograms per milliliter (ng/ml) of marijuana metabolite in blood or serum/plasma, or at least 35 ng/ml in urine.
- If alcohol or another drug is also present, even lower thresholds apply, including 5 ng/ml or more in blood and 15 ng/ml or more in urine.
These metabolite limits can persist for days-or even weeks-after use, meaning a positive test doesn’t necessarily indicate current impairment.
Why Presence Does Not Equal Impairment
Metabolites like THC-COOH linger in fat cells and are detectable long after the psychoactive effects have worn off. Ohio’s tests don’t measure active THC but its non-psychoactive byproducts.
National studies and NIDA note that blood levels of THC metabolites don’t reliably indicate impairment. Thus, you might test over the per se limit even if you feel sober.
Consequences of a Marijuana-Based OVI
Penalties mirror those for alcohol OVIs and may include fines, license suspension, mandatory classes, community service, jail time, and increased insurance. If you’ve refused a chemical test, the Ohio BMV will impose at least a one-year suspension.
You may wonder if Ohio’s recreational cannabis law protect you, but they do not. Recreational and medical cannabis legalization (Issue 2, effective Dec 7, 2023) did not modify Ohio’s OVI statute.
Even if you aren’t impaired, you can still face an OVI charge if your test results exceed Ohio’s per se limits. Equally, observable impairment alone is enough for prosecution. The coexistence of recreational legality and strict OVI enforcement makes marijuana-related OVI a complex and risky legal landscape.
Next Steps
If you’re charged, or worried about a pending charge, contact experienced OVI lawyer. According to LawFirm.com, there are more than 252,159 criminal defense lawyers in the U.S. as of 2023. When you hire AJLJ Law among all the attorneys out there, you will benefit from highly experience legal assistance. We help challenge test reliability, field sobriety procedures, and whether law enforcement had legal grounds to stop or arrest. Our goal is to protect your rights, your license, and your future. Get in touch with our team today to learn more.
