Marijuana OVI Discussed At Ohio Municipal League

Marijuana OVI Discussed At Ohio Municipal League

Marijuana OVI, driving while high on cannabis, was a topic for debate at the August 5th meeting of the Ohio Municipal League.

I joined Rob Ryan, (Ohio Patients Network, Ohio NORML), Dr. Al Staubus (leading expert and toxicologist), Tim Johnson (former police officer and Drug Recognition Expert) on a panel to address the implementation of Ohio’s Medical Marijuana Law and how that law will impact OVI.  Rob Ryan led the talk. He took the audience through the history of cannabis regulation in Ohio.  The most important point was that marijuana IS NOT a substance that impairs driving. Yes, an inexperienced user coupled with an inexperienced driver can have problems.  Just as oxycontin, cannabis is a medication that, if regularly used, will not impact on the ability to drive a car.  In addition, Rob laid out the impact of legalization of marijuana in Colorado. The statistics do not show a dramatic rise in fatalities due to marijuana use.

Metabolites Do Not Equal Impairment

Dr. Staubus spoke about the “status” crime of using marijuana. For instance, the current law allows for a conviction for marijuana OVI if the offender is found to have metabolites of marijuana in their system. This harkens back to the days of Reefer Madness when the mere use of the drug was enough to send you to prison.  Metabolites in you blood have no correlation to impairment.  Metabolites in your blood do not equate to impairment.  If this part of the law is not remedied, every person who uses medical marijuana will be guilty of OVI every time they get in their car.  This has to be fixed!

Former police officer Tim Johnson talked about the current Drug Recognition Protocol and how easy it is for a police officer to use that tool to convict an innocent person.  He spoke to the issues of how our marijuana enforcement is not in keeping with how law enforcement officers should enforce the laws. The audience was seemed sympathetic to the needs of medical marijuana patients. They also seemed frustrated at how the legislature and/or the Marijuana Control Commission has yet to provide leadership on how to implement this law. How will this all shake out? It will be an interesting few years in Ohio. In addition, will full legalization make all these points moot? Again, we will have to wait and see.

Questions about Marijuana OVI? I can help!

I would like to thank Rob Ryan, Dr. Staubus and Tim Johnson for the opportunity to be on a panel with them. I was proud to represent OVI attorneys.  As you know, I am 100% dedicated to OVI defense. Finally, I would also invite you to follow this page for continuing updates on Marijuana OVI issues.  If you have any questions, please contact my office at (937) 318-1384 or my 24 hour number at (937) 776-2671.