DUI and Marijuana
Ohio law allows marijuana to be used for medical purposes but remains illegal for recreational use. Even if you use the drug for medical purposes and are caught operating a motor vehicle while stoned, you will be arrested for DUID.
Ohio takes a tough stance on marijuana. You only have to be caught with a small amount of the drug in your system to be arrested for DUI with marijuana.
Marijuana DUI Defense Lawyer in Columbus, OH
Joslyn Law Firm is a proud member of the legal committee for the National Organization for the Reform of Marijuana Laws. Until the plant is legal, we will fight for those accused of marijuana crimes.
The Joslyn Law Firm defends clients of DUI offenses in counties in central Ohio including Franklin County, Delaware County, Union County and many others. Call to schedule a confidential consultation.
- Operating a Vehicle Under the Influence of Marijuana in Ohio
- Penalties for OVI with Marijuana
- Related OVI with Marijuana Charges
- Additional Resources
It’s against Ohio law to operate a vehicle while under the influence of drugs, including marijuana. When an officer you are under the influence of marijuana they will likely conduct a chemical test of your blood or urine. Because marijuana can stay in your system days and even weeks after it’s been consumed, a chemical test cannot prove you were under the influence of the drug when the offense was committed.
Regardless of this, you will still be charged with an OVI if you have the following concentrations of marijuana in your system:
- 10 nanograms per milliliter of urine
- 2 nanograms per milliliter of blood
Other factors can cause an officer to assume you are under the influence of marijuana without conducting a chemical test. Some of these factors include:
- Blood Shot eyes
- Smell of marijuana in the vehicle
- Paraphernalia in the vehicle
- Delayed reaction time
- Slurred speech
- Stumbling or difficulty standing/ walking
An OVI involving marijuana is charged and penalized the same as if you were caught drinking and driving. How you are charged will depend on previous convictions and whether or not your chemical test scored high or low.
Listed below are the possible penalties for an OVI:
First Offense: This is charged as a first-degree misdemeanor punishable by the following:
- A minimum of 72 hours in jail but no more than six months
- A fine between $375 and $1,075
- A suspended license for six months to three years
Second Offense: A second offense is also charged as a first-degree misdemeanor, but you will face heightened penalties that include:
- A minimum of 10 days in jail but no more than six months
- A fine between $525 and $1,625
- A suspended license for one to five years
- Attended an alcohol or drug treatment program
Third Offense: This a charged as a misdemeanor punishable by the following:
- A minimum of 30 days behind bars but no more than a year
- A fine between $850 and $2,750
- A suspended license for two to ten years
- Attend an alcohol and drug treatment program
A fourth or subsequent OVI arrest with marijuana is charged as a felony. If convicted, you could face time in jail, up to $10,500 in fines and lose your driving privileges for life.
Depending on the circumstance of your case, there’s a chance you could face additional charges when you are arrested for an OVI involving marijuana. Such charges typically include possession of marijuana or possession of paraphernalia.
Listed below is a brief description of both related charges and their possible penalties:
Possession of Marijuana: Possession of less than 100 grams is a minor misdemeanor. You won’t spend any time in jail, but you will be required to pay a fine up to $150 and court cost.
Possession of Paraphernalia: Marijuana paraphernalia can include bongs, pipes, rolling papers and roach clips. The crime is charged as a fourth-degree misdemeanor punishable by 30 days in jail and a fine up to $250.
Operating Vehicle Under the Influence | Ohio Revised Code – Follow this link to familiarize yourself with the states OVI laws. You can read the precise legal definition of OVI and how it is penalized. You can also gain access to the legal limits of certain controlled substances and how minors are charged for the offense.
Possession of a Controlled Substance | Ohio Revised Code– Learn more about possession of marijuana in Ohio. You can familiarize yourself with how the court penalizes possession of the drug as well as other controlled substances. The code can be read on the Ohio Laws and Rules website.
Defense Attorney for Marijuana DUI in Columbus, OH
Take the first step in building your defense and contact Joslyn Law Firm. We will listen to your story and formulate a defense plan in your best interest. Call to schedule a confidential consultation.
We proudly defend clients in counties in central Ohio such as Madison County, Pickaway County, Fairfield County and Licking County.