Driving under the influence of marijuana is a crime in Ohio. This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply to drivers and passengers.
For information about how Ohio treats marijuana possession, sale, and manufacture, see Ohio Marijuana Laws.
It is illegal to drive a vehicle while under the influence of marijuana, alcohol, other drugs, or a combination of substances. When alcohol is involved, a blood alcohol level of 0.08 percent of the driver's blood, by volume, will conclusively establish that the driver is under the influence (if the level is less, the prosecutor can still point to the driver's actions to prove that he was under the influence).
When marijuana is involved, a level of 2 nanograms per milliliter of the driver's blood, by volume (10 n/ml in the urine), or 50 n/ml of metabolites in the blood (35 n/ml in the urine), will conclusively establish that the driver is under the influence. The prosecutor will not need to present proof of impairment in the driver’s faculties. However, absent the requisite marijuana blood or urine concentration levels, the prosecutor may still point to the driver’s actions to show that the driver was under the influence. (Ohio Rev. Code Ann. § 4511.19.)
Penalties vary according to whether the offense is a first of subsequent conviction. The judge may also order participation in a drug or alcohol abuse education and treatment program, and vehicle impoundment or forfeiture.
If you have been charged with a marijuana-related driving offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.