Bill would give Ohio drivers caught with marijuana in their system a break on OVIs
Ohioans who get caught driving with marijuana in their system could try to prove they weren't impaired under a bill introduced in the state Senate this week.
Senate Bill 26, proposed by Sen. Nathan Manning, R-North Ridgeville, would give people the chance to stave off an OVI by arguing they were sober, even if they tested positive for marijuana. The legislation aims to address the complicated science of marijuana consumption and how long it stays in the body after any effects have subsided.
The bill also underscores the tricky job of enforcing traffic laws in a state with medical cannabis and a potential adult-use program down the road. As more states have legalized marijuana, they've also adopted different policies to address concerns that people would drive while high.
"We really want to get a good law in place where people are being punished if they are impaired, but they’re not being unfairly punished just because they have a certain amount of the drug in their system," Manning said.
Manning introduced the measure in the previous General Assembly, but lawmakers never took it up.
How do marijuana OVIs work?
OVIs work like this: Officers can arrest drivers if they have probable cause that the person is impaired, a standard typically reached through roadside tests. That person then gets a blood or urine test for drugs and alcohol. If they have a certain level of the substance in their system, they're automatically guilty.
This is known as a "per se" law, and attorneys say these policies assume enough drugs or alcohol will impair someone. Manning's bill would get rid of that standard in marijuana cases and allow people to challenge the presumption that they were impaired. A jury or judge would make the final call on an OVI conviction.
Marijuana is less cut and dry than alcohol because it lingers in the body long after it's consumed. The drug's effects − and how long it sticks around − also depend on metabolism, frequency of use and other factors. In regular users, such as medical cannabis patients, urine tests pick up marijuana up to 30 days after consumption.
This led the AAA to determine that "per se" laws with specific limits for marijuana "cannot be scientifically supported."
“It’s not as clear-cut as a lot of drugs, certainly not alcohol," Manning said.
Lawyer: Ohio's current system allows innocent people to be convicted
Defense attorney Blaise Katter, who specializes in OVIs, believes Ohio's system allows innocent people to be convicted. He said police have yet to develop roadside tests for marijuana impairment and rely on exercises like standing on one leg, which are designed to determine drunkenness. Urine drug tests, meanwhile, detect THC compounds that the body already metabolized, meaning they no longer produce a high.
Part of Manning's bill would ensure that labs only test for delta-9 THC − the psychoactive component of marijuana − and allow prosecutors to infer impairment based on a certain level of delta-9 in the body. Stakeholders are still debating that provision.
“We don’t want people impaired my marijuana driving," Katter said. "We can all agree on that. We need to make sure we use the tools we have."
Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
This article originally appeared on The Columbus Dispatch: Ohio marijuana: New bill would change OVI rules to reduce penalties
