Understanding Ohio’s Marijuana OVI Laws

Ohio citizens spoke loud and clear when they voted to legalize recreational marijuana on November 7, 2023. Previously only for medical use, marijuana in Ohio has become legal to possess and grow yet remains illegal for public use. Driving under the influence of marijuana in Ohio remains illegal, which may seem like common sense, but even those who partake legally in their private homes can still be subject to an OVI while not actively being under the influence of cannabis. In fact, you can be arrested and charged with a marijuana OVI in Ohio even if you’re not actively high at the time of stop.

Legal Marijuana Use in Ohio Still Carries OVI Risks

Today, it is legal to purchase marijuana from licensed dispensaries at the required age, possess up to a 90-day supply, and grow at home for personal use. Participating in these practices is becoming the norm, but as soon as you get behind the wheel, you could be subject to a first-degree misdemeanor as a first offense. The way this is determined depends on the THC metabolites found in your blood or urine, and a newly introduced method of oral swab testing can give an immediate detection without determining the amount in your system. This creates multiple risks for legal users who can face charges based on metabolite levels alone. A legal user can still be charged with an OVI in Ohio.

THC Detection and OVI Arrests in Ohio

After impairment has long worn off, THC can stay in the bloodstream and body for days to weeks. That’s the main issue with oral fluid tests being used, Capt. Chris Kinn of the Ohio State Highway Patrol Office of Field Operations stated in an interview, “If you are under the influence of something, it will translate to your oral fluid,” he said. “If you are not under the influence of it, it likely would not be in your blood, thus not in your oral fluid.” Unfortunately, that is not how THC metabolites work. So, if we see an increase in marijuana related OVI arrests and charges for the year 2025, it will not be a coincidence.

If you’re looking for how to fight cannabis related driving charges, Brien K. Miller has experience defending the right of lawful cannabis users in Ohio.