Marijuana is illegal in Ohio for recreational use. Possession of less than 100 grams is considered a minor misdemeanor and is punishable by a fine of up to $150.00. Recently medical marijuana legislation has passed – but so far there isn’t a framework in place for its implementation.

The issue at hand is what constitutes an OVI – Marijuana? What does it take for a police officer to have probable cause to arrest someone and what does it take for a prosecutor to have enough evidence to convict someone? We’ll look into field tests developed under the ARIDE program in a later blog.

There are two types of OVI – Marijuana in Ohio. By ‘two types’ I mean two ways a prosecutor can secure a conviction. The first is known as a ‘per se’ offense and is arguably the easiest way for a prosecutor to get the conviction. In order to prove the elements of that charge the prosecutor has to show that a person operated a motor vehicle and that within 3 hours of operation a blood or urine test shows a prohibited concentration of Marijuana Metabolite in the person’s system. In Ohio the legal limits are as follows:

Urine

  • Marijuana – at or more than 10 ng
  • Marijuana metabolite and Under the Influence – at or more than 15 ng
  • Marijuana Metabolite – at or more than 35 ng

Blood

  • Marijuana – at or more than 10 ng
  • Marijuana metabolite and Under the Influence – at or more than 15 ng
  • Marijuana Metabolite – at or more than 35 ng

The other way a prosecutor can secure a conviction is to show the person is ‘appreciably impaired’. This means, according to the Ohio jury instructions, that the marijuana noticeably affects a person. Things like their reaction time, mental clarity, and ability to operate a vehicle are all factors to be considered by the jury.

As we see the proliferation of medical marijuana and the loosening of the legal restraints on recreational marijuana – expect to see an increase in DUI/OVI prosecutions.