Ohio Drivers With Marijuana in Their Systems Would Get OVI Breaks Under Bill!

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A bill filed this week in the state Senate would allow Ohioans who are stopped for driving while intoxicated to attempt to demonstrate their sobriety. Sen. Nathan Manning’s (R-North Ridgeville) Senate Bill 26 would allow persons to avoid an OVI even if they tested positive for marijuana by claiming they were sober.

The difficult science of marijuana use and how long it lingers in the body after any benefits have worn off is addressed by the legislation. The bill also emphasizes how challenging it is to enforce traffic regulations in a state where medical marijuana is legal and where adult-use programs may be implemented in the future.

To address worries that people may drive while high, numerous states that have legalized marijuana have also established various laws. Manning stated, “We really want to get a proper rule in place where people are punished if they are impaired, but they are not being arbitrarily punished just because they have a particular level of the substance in their system.” The proposal was made by Manning at the previous General Assembly, but parliamentarians never discussed it.

How Do Marijuana OVIs Function?

OVIs operates as follows: If officers have reasonable suspicion that a motorist is intoxicated, a standard often attained through roadside tests, they may stop the vehicle and make the arrest. The individual is subsequently given a drug and alcohol test by blood or urine. They are automatically guilty if they have a particular amount of the chemical in their system.

A “per se” law is one that assumes that someone would be impaired by drugs or alcohol, according to attorneys. In marijuana cases, Manning’s measure would do away with that requirement and provide people the opportunity to refute the assumption that they were inebriated. An OVI conviction would ultimately be determined by a jury or judge.

Because marijuana remains in the body for a very long time after consumption, it is less clear-cut than alcohol. The drug’s effects and how long they last are also influenced by other factors such as metabolism and frequency of usage. Urine tests can detect marijuana up to 30 days after consumption in habitual users, such as people who use cannabis for medical purposes.

Due to this, the AAA came to the conclusion that marijuana “per se” prohibitions with set restrictions “cannot be justified by science.” It’s not as obvious as many drugs, and definitely not alcohol, “said Manning Ohio’s existing legal system enables the conviction of innocent persons.

OVI defense lawyer Blaise Katter thinks Ohio’s legal system enables the conviction of innocent people. He claimed that police now use exercises like standing on one leg, which is meant to assess drunkenness, as roadside testing for marijuana impairment. Meanwhile, THC molecules that have already been metabolized by the body and are no longer associated with a high are found in urine drug tests.

A provision of Manning’s plan would require labs to exclusively test for delta-9 THC, the psychoactive ingredient in marijuana, and give prosecutors the right to infer intoxication based on a specific delta-9 blood level. That clause is still up for debate among stakeholders.

“We don’t want individuals driving high from marijuana, “said Katter. “On that, we can all agree. We must be sure to employ the resources at our disposal.” The Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal, and 18 other connected news companies in Ohio are served by Haley BeMiller, a reporter for the USA TODAY Network Ohio Bureau.

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