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Does The New Marijuana Law Allow You To Smoke And Drive?


Ohio’s new recreational marijuana laws have not altered marijuana OVI laws. This law prohibits operating a vehicle ‘under the influence’ of marijuana, since marijuana is deemed a “drug of abuse.”

  • If the level of metabolites is above 50 ng/mL in your blood, or above 35 ng/mL in your urine, you can be charged with a DUI even if there is no impairment of driving ability.
  • If you are deemed impaired, you can be charged with both OVI and having a prohibited level of metabolites in your system while driving. In this case, the prohibited levels are above 5 ng/mL for blood and15 ng/mL for urine.

Note that marijuana metabolites can be detected in your system for up to 3 or 4 weeks after consumption.

You may have a valid defense in this situation if both of the following apply:

(1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.

(2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional’s directions.

In conclusion, if you are getting behind the wheel while having metabolites in your system, you are taking chances with law enforcement agencies.

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