The Ohio state Senate voted unanimously to approve a bill that changes how prosecutors prove whether someone was driving under the influence of cannabis.
Over the last ten years, Ohio has relaxed many of its cannabis restrictions, joining the growing number of states that permit both medical and recreational use. However, this shift has made it difficult to determine when cannabis use actually affects a person’s driving ability.
Unlike alcohol, which has a clear legal limit of 0.08% blood alcohol content, determining marijuana impairment is far more complicated. Scientific studies have found that some drivers with high THC levels show no signs of impairment, while others with low levels do.
Attorney Tim Huey, who represents DUI defense lawyers, said the current system risks convicting people who are not actually impaired.
If approved by the House and signed by the governor, Senate Bill 55 would make two major changes. First, it would end the current practice of convicting drivers simply because cannabis “metabolites” were found in their system. Metabolites are inactive traces left behind as the body breaks down cannabis. These can remain detectable for up to a month after use, even when the person is no longer impaired.
Under the new bill, prosecutors would instead need to prove that a driver had Delta-9 THC, the psychoactive compound responsible for the high, in their bloodstream.
Second, the bill gives drivers more room to defend themselves if their THC level is relatively low. Under existing “per se” rules, a positive test almost always leads to a conviction.
The measure would also raise the “per se” THC limit from two nanograms per milliliter of blood to five. Anyone testing above that amount could still face automatic conviction, while those between two and five could present evidence to contest the charge.
SB 55 would be the first major update to the state’s cannabis-related driving laws since legalization.
Studies show that cannabis can slow reaction time and make it harder for drivers to stay focused or maintain their lane. However, research by the National Highway Traffic Safety Administration in 2017 found only a weak connection between blood THC levels and actual impairment. Similarly, a 2016 study by the AAA Foundation concluded that strict THC “per se” limits cannot be scientifically justified.
The Ohio Prosecuting Attorneys Association (OPAA), which previously opposed similar reforms, did not formally object to the new measure. Executive Director Lou Tobin said that prosecutors agreed with certain revisions, such as keeping a set THC threshold and including products like Delta-8. He added that officers only order tests when there’s a clear reason to suspect impairment and that drivers using marijuana should be aware of the risks before getting behind the wheel.
The broader marijuana industry, including foreign-based firms like Aurora Cannabis Inc. (NASDAQ: ACB) (TSX: ACB), are likely to applaud these reforms in Ohio that seek to limit the unnecessary victimization of people who use cannabis.
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