Stoned driving laws took a hit this week when Arizona ruled that per se limits on marijuana could not be applied.
Ohio has adopted a draconian impairment law that punishes drivers for having a metabolite of marijuana in their system. In effect that means that you are stoned driving if you smoke or ingest marijuana the metabolite “hydroxy-THC” that will remain in your body long after the “high” has dissipated. This means that you may be “impaired” for purposes of [Read the full post. . .]
Drug Possession, a.k.a. Possession of a controlled substance is defined in Ohio as knowingly obtaining, possessing or using a controlled substance under the Ohio Revised Code § 2925.11. As applied to marijuana, possession of less than 100 grams (or about 3.5 ounces), giving 20 grams or less of marijuana to another person, or growing less than 100 grams of marijuana are each considered “minor misdemeanors,” punishable by a maximum fine of $150. A minor misdemeanor is not a “jailable” [Read the full post. . .]
In order to successfully defend a urinalysis case, a DUI defense lawyer must be familiar with Ohio’s DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the urine specimen. Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio’s DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, [Read the full post. . .]
While it is well established that alcohol consumption increases accident risk, evidence of marijuana’s culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting. According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., “Experimental research on the effects of cannabis … indicat[e] that any [Read the full post. . .]
State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).
More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana. Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine. This raises questions about the proper determination of probable cause. If, for example, no alcohol was suspected how [Read the full post. . .]