Changes could be coming to marijuana-related OVI testing in Ohio

OHIO — Changes could be coming to the way marijuana-related OVI’s are investigated in Ohio.

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As reported by News Center 7 at 6:00, state lawmakers are taking a closer look at how these laws are written.

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The Ohio Senate recently passed Senate Bill 55, which looks to change the state’s marijuana testing standards.

It would require testing for both active and inactive THC use.

“The current law is terrible,” Charles Roland said.

Roland has practiced DUI law for 30 years.

“We are still, to this very day, coming to grips with how marijuana differs from alcohol,” he said.

He said the current law tests for inactive THC compounds. This means if someone used marijuana recently, but wasn’t actively high behind the wheel, they could still be charged with OVI.

“The change in the law needs to take place so that they can go after people who have active THC or cannabis in their system,” Roland said.

News Center 7’s Xavier Hershovitz received a statement from the Ohio Prosecuting Attorneys’ Association Executive Director Louis Tobin about the potential charge.

“We are continuing to monitor this bill and to talk with our law enforcement partners to make sure this isn’t going to negatively impact their ability to get impaired drivers off of our roads and keep the roads safe.
We don’t want to convict people who aren’t impaired. But people aren’t being randomly pulled over and subjected to urine tests and then prosecuted. They are pulled over because the officer has reason to believe they are impaired and then the officer performs a roadside test that further confirms their suspicion or impairment. Only then are they are arrested and urine tested. So people aren’t being charged and prosecuted for OVI unless there is other evidence that they are driving impaired."
— Ohio Prosecuting Attorneys’ Association Executive Director Louis Tobin said

This bill passed without a single vote against it in the Senate.

Now the Ohio House will take a look at it. It will have to pass in both chambers before going to the governor’s desk.

News Center 7 will continue to follow this story.

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