Can I Get an OVI in Ohio with Legal Marijuana?

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Can I Get an OVI in Ohio with Legal Marijuana?

by | Aug 6, 2024 | DUI |

Ohio has now legalized the possession and use of marijuana. Even though marijuana possession is now legal in Ohio, you can still be charged and convicted of OVI if you are either impaired or have prohibited level of THC in your system. Similar to alcohol, marijuana possession and use are now legal in the state of Ohio.  Along the same line of thinking, you cannot be impaired by drugs or alcohol while operating a motor vehicle.  Ohio refers to DUI as OVI (operating a vehicle while impaired) and the impairment can be caused by illegal drugs, legal drugs, alcohol or a combination thereof.

Ohio OVI law makes 2 nanograms/milliliter of THC in blood or 10 nanograms/milliliter of THC in urine.  The following chart helps to better understand the levels which are prohibitive:

Prohibited Substance Urine Blood
Marijuana 10 ng/ml 2 ng/ml
Marijuana metabolite 35 ng/ml 50 ng/ml
Marijuana metabolite in combination with alcohol or other drugs 15 ng/ml 5 ng/ml

If you are using marijuana, be advised that driving may result in the same penalties as using alcohol.  Drive sober!  If you are charged or arrested for OVI and//or related drug charges in Ohio or Kentucky, contact an experienced DUI defense attorney.

Note: Marijuana remains illegal to possess, sell, or distribute in any quantity in Kentucky.  A new law takes effect January 1, 2025 which will legalize medicinal cannabis.  Many limitations remain, consult your physician for approval.

For representation in Northern Kentucky and Cincinnati, contact Michael Bouldin at 859-581-6453 or email [email protected].