Pubdate: Mon, 02 May 2016
Source: Morning Journal (Lorain, OH)
Copyright: 2016 Morning Journal
Contact:  http://www.morningjournal.com/
Details: http://www.mapinc.org/media/3569
Note: By Ohio State Bar Association

Law You Can Use

OPERATING A VEHICLE UNDER THE INFLUENCE OF MARIJUANA

Q What should I know about driving and using marijuana in Ohio?

A Ohio law prohibits four acts related to marijuana ingestion and 
vehicle operation. First, the law prohibits you from operating a 
vehicle while under the influence of marijuana. Second, the law 
prohibits you from operating a vehicle if you have a certain 
concentration of marijuana in your blood (2 nanograms or more per 
milliliter) or urine (10 nanograms or more per milliliter). Third, 
the law prohibits you from operating a vehicle with a certain 
concentration of marijuana metabolite in your blood (50 nanograms or 
more per milliliter) or urine (35 nanograms or more per milliliter). 
Fourth, the law prohibits you from operating a vehicle while under 
the influence of marijuana and while having a certain concentration 
of marijuana metabolite in your blood (5 nanograms or more per 
milliliter) or urine (15 nanograms or more per milliliter).

Q What is the difference between marijuana and marijuana metabolite?

A Marijuana is the dried, shredded leaves and flowers of the cannabis 
sativa plant. The psychoactive ingredient in marijuana is THC 
(tetrahydrocannabinol). A marijuana metabolite is a substance 
produced when the marijuana is broken down in the body.

Q The four marijuana-related driving prohibitions mentioned above 
sound similar. How are they different?

A The first prohibited act involves being under the influence, 
independent of proof of a prohibited level of marijuana or marijuana 
metabolite in your blood or urine. The second prohibited act involves 
the level of marijuana in your blood or urine, but not the marijuana 
metabolite in your blood or urine. The third prohibited act involves 
only the level of marijuana metabolite in your blood or urine. The 
fourth prohibited act involves the combination of being under the 
influence and having a prohibited level of marijuana metabolite in 
your blood or urine.

Q When would Ohio law consider me to be "under the influence" of marijuana?

A Ohio law considers you to be "under the influence of marijuana" if 
the marijuana so affects your nervous system, brain or muscles that 
it impairs, to a noticeable degree, your ability to operate a vehicle.

Q How long after marijuana ingestion is a person generally affected?

A Studies have produced varying results, but the average is two to five hours.

Q For how long could marijuana metabolites be detected in blood and urine?

A Marijuana metabolites may be detected in your blood or urine for up 
to five weeks.

Q Can I be found guilty of driving under the influence of marijuana 
or marijuana metabolites even if my driving is not affected?

A Yes and no. For the first and fourth prohibitions, the prosecution 
must prove that your ability to drive was impaired during the time 
that you operated the vehicle. For the second and third prohibitions, 
the prosecution must simply prove that there was a prohibited 
concentration of marijuana or marijuana metabolite in your body when 
you operated the vehicle, regardless of whether the marijuana 
impaired your ability to drive.

Q What are the penalties if I am convicted of violating this law?

A The sentence for a first conviction includes between three and 180 
days of jail time, a license suspension of between six months and 
three years, a fine of between $375 and $1,075, and six points on 
your driver's license. The judge may also require you to display 
restricted (yellow) license plates, to use an ignition interlock 
device, and/or to submit to substance abuse treatment. In addition, 
the judge may place you on probation for up to five years. The 
sentences for additional convictions within six years are 
increasingly punitive, and a fourth conviction within six years is 
classified as a felony.

This "Law You Can Use" consumer legal information column was provided 
by the Ohio State Bar Association. It was prepared by Columbus 
attorney Shawn R. Dominy. Articles appearing in this column are 
intended to provide broad, general information about the law. This 
article is not intended to be legal advice. Before applying this 
information to a specific legal problem, readers are urged to seek 
the advice of a licensed attorney.
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MAP posted-by: Jay Bergstrom