Marijuana and OVI in Cadiz

Any Cadiz OVI lawyer can tell you that marijuana was legalized for medical use a few years ago. However, this doesn’t mean you can light up for recreational purposes. Recreational use of marijuana remains a crime in Ohio.

Statistics show that marijuana is the most commonly used illegal drug in the United States. According to the FBI, Ohio saw over 17,000 marijuana possession arrests in 2013.

While most people associate “OVI” with alcohol, a person can also be charged for operating a vehicle under the influence of drugs. Marijuana is one of the substances that can lead to an OVI charge.

I Smoked a Joint on My Way to Work. Can I Be Charged With OVI?

Ohio law explicitly states that you can be charged with OVI if you’re driving while intoxicated by either alcohol or a controlled substance such as marijuana. Marijuana is classified as a Schedule I drug, meaning that if you’re pulled over and found to be intoxicated because you smoked a joint, you could face an OVI charge.

For alcohol intoxication, officers often rely on breath tests. However, these are ineffective for marijuana detection. Instead, police will request a urine or blood test to determine if you were impaired by the drug.

To be considered “per se” intoxicated under Ohio law, your test results must show:

• Urine test – A minimum of 10 nanograms of marijuana per milliliter of urine.
• Blood test – A minimum of 2 nanograms per milliliter in whole blood, blood plasma, or blood serum.

Detection Timing

It’s important to remember that marijuana’s active substances remain in your system long after the high subsides. The remnants, called metabolites, can linger in your body over varying lengths of time, depending on how frequently you use the drug. These detection times often lead to complications for drivers undergoing marijuana testing.

• 1-time use: Detectable for up to 3 days
• Multiple times a week: Detectable for up to 5 days
• Daily use: Detectable for about 2 weeks
• Chronic heavy use: Detectable for up to a month

This means a chemical test could show marijuana in your system even if you haven’t used it recently. Unfortunately, current drug tests are unable to pinpoint when the drug was consumed, potentially leading officers to incorrectly assume you were impaired at the time of driving.

Refusing to Submit to Chemical Tests

Given these circumstances, you might think refusing a urine or blood test is the best course of action. However, this approach can have serious consequences. Refusing to provide a sample results in an automatic administrative license suspension by the Bureau of Motor Vehicles (BMV). If convicted of OVI, the court could then impose an additional suspension, further complicating your situation.

It’s better to comply with the chemical testing request. This makes it much easier for a Cadiz criminal lawyer  to challenge and potentially disprove any inaccurate test results than it would be to fight against administrative penalties for refusing a test.

OVI Penalties and Marijuana

The penalties for driving under the influence of marijuana are equivalent to those for alcohol-related OVI charges. While the specifics depend on your intoxication level, all cases involve the potential for:

• Fines
• Jail time
• License suspension by both the court and the BMV
• Restricted driving privileges for a designated period

Contact a Cadiz OVI Lawyer for Legal Support

Facing OVI charges related to marijuana use can be daunting. The legal implications surrounding chemical testing and detection times make it crucial to consult a skilled Cadiz criminal lawyer. At Youngstown Criminal Law Group, we specialize in defending drivers arrested for marijuana-related OVI charges in Harrison County and beyond.

Reach out today to discuss your case and protect your rights.