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How Can I Be Charged with a Marijuana DUI in Ohio?

Although medical marijuana is legal in Ohio, patients are prohibited from medicating before or while operating a motor vehicle. Just like some prescription drugs, cannabis can cause drowsiness, slow your reaction time, and hinder your ability to drive in general.

Driving while under the influence of cannabis can result in a DUI/OVI charge. A conviction for a first-time DUI offense is punishable by a maximum $1,075 fine, driver’s license suspension for up to three years, and a maximum six-month jail sentence.

But how much cannabis in a person’s body is enough to be considered impaired?

According to Ohio law, a person is considered “per se” impaired based on the following levels of THC:

  • Two ng/ml (nanograms per milliliter) of THC in the driver’s blood or 10 ng/ml of THC in the driver’s urine
  • 50 ng/ml of THC metabolite in the driver’s blood or 35 ng/ml in the driver’s urine
  • Any signs of impairment and five ng/ml of marijuana metabolite concentrate in the driver’s blood or 15 ng/ml in the driver’s urine

Remember, THC metabolite can stay in a person’s bloodstream for a maximum of three days. In addition, metabolite can be detected in a person’s urine for up to one month.

Obviously, a blood or urine test must be performed. But if both tests are unavailable, law enforcement must establish probable cause by administering field sobriety tests.

If you have been charged with drugged driving in Cleveland, contact Patituce & Associates today at (440) 709-8088 and schedule a free case evaluation.


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