Category Archives: marijuana

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Ohio Cannabis & DUI / OVI Law Overview

Stay informed by brushing up on Ohio’s cannabis and DUI / OVI laws so you’re familiar with the penalties you could face if you’re busted behind the wheel. 


Ohio Cannabis & DUI / OVI Law Overview

No person shall operate any vehicle if, at the time, the person has a concentration of marijuana in their system in the following amounts:

Substance Urine Blood
Marijuana 10 ng/mL 2 ng/mL
Marijuana metabolite 35 ng/mL 50 ng/mL
Marijuana metabolite with other drugs/alcohol 15 ng/mL 5 ng/mL

If a person has obtained a prescription issued by a licensed health professional, it is considered a valid defense; however, a doctor’s recommendation for medical cannabis does not constitute a prescription.

Test: 

Whole blood, blood serum, plasma, breath, urine, or other bodily substance

Penalties:

  • 1st offense: 1st degree misdemeanor, mandatory minimum of three days up to 6 months in jail, an intervention program, or both; judge may suspend jail sentence in lieu of a community control sanction and a driver’s intervention program; $375 to $1075 fine, driver’s license suspension for six months up to three years, driver may apply for IID to reduce period of suspension.
  • 2nd offense (within 10 years): 1st degree misdemeanor, mandatory minimum of 10 days up to six months in jail, sentence may consist of both jail time and house arrest with electronic monitoring and continuous alcohol monitoring; must be assessed by community addiction services provider, $525 up to $1,625 fine, driver’s license revocation for one to seven years, vehicle shall be impounded for 90 day.
  • 3rd offense (within 10 years): Misdemeanor, mandatory minimum of 30 days up to one year in jail, sentence may consist of both a jail term and house arrests with continuous alcohol monitoring, $850 up to $2,750 fine, court shall order participation in a community addiction services provider, driver’s license revocation for two years to 12 years, during which the offender’s vehicle shall be criminally forfeited.
  • 4th and 5th offenses (within 20 years): 4th degree felony, mandatory minimum of 60 days, no more than one to five years’ maximum imprisonment, mandatory participation in a community addiction services provider, $1,350 to $10,500 fine, driver’s license revocation for three years to life, vehicle may be criminally forfeited.
  • 6th offense: 3rd-degree felony, mandatory minimum of 120 days up to five years in jail, $1,350 to $10,500 fine, indefinite license revocation, mandatory participation in an addiction services program, the vehicle may be criminally forfeited.

For more information, please refer to Ohio Rev. Code, Title 45, Chapter 4511.49.

 


Charged with a DUI / OVI in Lorain County? Attorney Mishak can help! Contact him today for a consultation to see how.

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