With Ohio marijuana dispensaries beginning operations last week, the Ohio State Highway Patrol has a message for drivers. The message, as reported by News 5 Cleveland, is “just because it’s legal to use the drug, it is not legal to get behind the wheel impaired”. Driving under the influence of marijuana has been an increasing problem. In response, Ohio law enforcement officers have implemented methods to detect and prosecute marijuana-impaired driving. Those methods, however, have proved to be ineffective.
Response to the Marijuana OVI Problem
The number of arrests for marijuana DUI (called ‘OVI’ in Ohio) has increased over the past decade. With the legalization of recreational marijuana, it is expected the number of marijuana OVIs will continue to increase.
In response, Ohio law enforcement officers are completing training to investigate driving under the influence of marijuana and other drugs. All state troopers, and many local officers, undergo training in ARIDE: Advanced Roadside Impaired Driving Enforcement. Some troopers and local officers also complete training to become DREs: Drug Recognition Experts.
Sobriety Testing for Marijuana OVI
When a law enforcement officer suspects a driver is under the influence of marijuana, the officer administers Standardized Field Sobriety Tests (SFSTs). Those tests were developed in the 1970s by the National Highway Traffic Safety Administration (NHTSA) to predict a driver’s blood alcohol concentration.
The problem with using SFSTs for investigating marijuana OVI is the test results have no correlation with marijuana intoxication. They are only correlated with blood alcohol concentration. The SFSTs also do not measure driving ability.
A study by the United States Department of Justice examined the effectiveness of field sobriety tests for determining whether a person is impaired by marijuana. The study concluded, “One leg stand, walk and turn, and modified Romberg balance field sobriety tests, which are part of a battery of tests administered to detect alcohol impairment, were not sensitive to cannabis intoxication.”
The additional tests officers learn in ARIDE also are ineffective for detecting marijuana OVI. Those tests have not been standardized and are not correlated with marijuana intoxication. The ARIDE tests do not measure driving ability and do not predict a person’s THC level.
Laboratory Testing for Marijuana OVI
Although blood tests are sometimes used for marijuana OVI cases, the most common laboratory test for these cases is a urine test. The psychoactive compound in marijuana is THC. The urine tests used in Ohio measure the concentration of an inactive metabolite of THC: Carboxy THC. That metabolite can be detected and measured in urine for up to five weeks. That means a driver in Ohio could be prosecuted for OVI based on using marijuana weeks before driving.
The article by News 5 Cleveland notes that Ohio law enforcement may use a new tool: oral fluid testing. THC may be detected in oral fluid for up to 78 hours, while the high from THC last only a few hours. In addition, oral fluid tests can produce false positive results. In the Marijuana-Impaired Driving Report to Congress, the National Highway Traffic Safety Administration said this about oral fluid tests: “These point-of-arrest screening devices have not been shown to be completely accurate and reliable.”
Marijuana OVI Enforcement
Operating a vehicle under the influence of marijuana (THC) is an increasing problem in Ohio. Currently, law enforcement is not equipped with adequate methods to determine whether a driver is under the influence of marijuana. In addition, the results of most chemical tests do not correlate with THC intoxication. As a result, drivers who are not under the influence may be prosecuted for OVI based on ineffective tests.
About the Author: Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.
