Bill raises marijuana limit for OVI charges in Ohio
[Watch related FOX 8 News coverage in the player above.]
COLUMBUS, Ohio (WJW) — A new state Senate bill would give Ohio drivers who may have recently consumed cannabis — but who are not under the influence — more leeway under state OVI limits, acknowledging that recent use doesn't always indicate impairment.
Senate Bill 55, introduced late last month by state Sen. Nathan Manning of North Ridgeville, R-13th, changes the evidentiary standard by which state law enforcement officers determine whether a person is driving while under the influence of THC, and raises the concentration limit that would trigger an automatic citation.
'With medical and recreational marijuana use legalized in Ohio, under current law, marijuana users could be convicted of an OVI even if they are not under the influence,' Manning testified before the Senate Judiciary Committee earlier this week.
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'This is because inactive marijuana metabolites can remain in a person's system for up to 30 days. Someone who last used marijuana as long as a month ago can fail a drug test for metabolites and be guilty of OVI without any way to prove their sobriety. Even a single use of marijuana can cause a person to fail a drug test for as long as three days afterward.'
Right now, the state only tests drivers for inactive metabolites from cannabis, which can stay in a person's system for days or weeks after consumption, Manning said. The bill amends state code to 'reflect the science of impairment,' he said.
According to a Legislative Service Commission analysis, under current state law, a driver is considered to be operating a vehicle under the influence if they:
Are under the influence of marijuana or a combination of alcohol and marijuana
Have a concentration of at least 10 nanograms of marijuana per milliliter of urine or at least 2 nanograms per milliliter of blood, blood serum or plasma
Are under the influence of alcohol, a drug of abuse or a combination and have at least 15 nanograms of a marijuana metabolite per milliliter of urine or at least 5 nanograms per milliliter of blood, blood serum or plasma
Have a concentration of at least 35 nanograms of a marijuana metabolite per milliliter of urine or at least 50 nanograms per milliliter of blood, blood serum or plasma
The bill would raise the legal blood-level limit of Delta-9 THC — the psychoactive chemical in cannabis — from 2 nanograms per milliliter to 5 nanograms per milliliter.
It also removes the above metabolite limits as well as the testing standards for urine, blood serum and plasma from state law, but leaves the standard for whole blood tests. The bill instead establishes a new evidentiary standard for officers to infer if someone is under the influence of marijuana:
A driver would have to have at least 25 nanograms of delta-9 THC per milliliter of urine or between 2 and 5 nanograms of delta-9 THC per milliliter of blood.
Under the bill, the inferences may still be disputed in court, as can the method and reliability of the test or the equipment used — just as in a drunk driving citation.
A measurement above 5 nanograms per milliliter of blood would be an automatic citation — what's called a 'pro se' or 'by itself' offense.
How Ohio lawmakers are trying to change marijuana rules
The bill is now before the Senate's Judiciary Committee and had its first hearing on Wednesday, Feb. 19.
Ohio State Highway Patrol troopers have been trained since 2011 to detect impairment from not just alcohol but also marijuana, patrol Sgt. Bridget Matt told FOX 8 News in November.
At the end of the last General Assembly, lawmakers allowed law enforcement agencies to use saliva tests to determine impairment, Manning testified on Wednesday. Lawmakers are now working with experts to determine the proper limits authorities should use to infer impairment or that would trigger an automatic citation.
Manning cited a 2017 congressional report by the National Highway Traffic Safety Administration that stated it's 'impossible' to determine how impaired a person is based on how much THC is in their system. That's because of how the substance is metabolized in the body.
'After working with experts and interested parties to find a compromise, we did our best to come up with what we think is an appropriate per se level, though many in the scientific community do not believe per se levels are always appropriate in these types of cases,' Manning testified.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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