CLEVELAND — Recreational marijuana will soon be sold at qualifying dispensaries. Now, lawmakers are working to figure out how to crack down on motorists driving high as law enforcement agencies are waiting for further enforcement-related guidance. House Bill 230 is an effort to do just that. The bill would allow law enforcement officers to perform new fast-result drug tests in the field, among other things.
Cannabis consumption is no longer illegal in the State of Ohio, but Ohio Republican State Rep. for the 39th District, Phil Plummer, who was in law enforcement for 30 years, has an important message to stress.
“It is illegal to drive drunk or under the influence of drugs right now, but we have to establish a certain level,” Plummer said.
Plummer is a co-sponsor for HB-230, which is now in the hands of the Ohio Senate. The bi-partisan supported bill would increase penalties for organized drug trafficking, designate the month of August as “Fentanyl Poisoning Awareness Month,” and authorize law enforcement to collect oral fluid as evidence from saliva tests in suspected OVI cases. Plumber believes HB-230 will better help detect and prosecute cannabis-related OVI cases.
“They can do a swab of your mouth, test your saliva, and get an immediate result to know if you're under the influence of drugs or not,” Plummer said. “So, this is a game changer. It’s no longer having to take blood or urine and take it to the crime lab and wait months for the results. This is an immediate test.”
Plummer believes county sheriff’s departments and police agencies are the grassroots effort to get impaired drivers off roadways. Cuyahoga County Sheriff Harold Pretel said having saliva testing technology would be a game changer for the department.
“It sounds like something that could expedite a couple things,” Pretel said. “One, it would clarify things early on. It would expedite the investigative process. It would save time on the side of the highway, which is imperative for safety, and it would allow us to pick the right course of action. I don’t know how accurate it would be, but it would be a precursor to some other action.”
Pretel adds his department looks forward to further guidance from the state on cannabis-related enforcement.
“That is something we are going to look forward to not only with Buckeye State Sheriff’s Association, the Highway Patrol, and other partners, as far as what our position is going to be across the state and that’s something we would like consistency on,” Pretel said. “It’s beneficial to the motorist obviously and all citizens that we are consistent in our enforcement efforts.”
Funding, however, for how law enforcement agencies would be provided such drug testing if HB-230 is signed into law remains unclear.
“Hopefully the state will bring in some money because a lot of agencies are broke,” said Plummer. “They're struggling themselves. The state has quite a bit of money right now. Hopefully we can maybe fund the upfront cost with agencies budgeting it for the future.”
If HB-230 is signed into law, drivers pulled over for a field sobriety test and denied saliva could face consequences. It would be similar to the consequences when drivers deny a breathalyzer test, like losing their license for up to a year.
Although the bill has bi-partisan support, some lawmakers are speaking out against it. Democratic State Rep. Juanita Brent, from Cleveland, is not in favor of HB-230.
In a statement about the bills passing, she said:
“You cannot arrest your way out of the War on Drugs,” said Rep. Brent. “Since the inception of Senate Bill 1 in 2018-one of Ohio’s many attempts at the War on Drugs- Ohio has focused more on criminalizing drug possession instead of focusing on the root causes. Ohio needs low barrier treatment, physical and mental healthcare when unemployed, culturally competent community-based messaging, job training and education. If these are not priorities, then we are in a place of insanity by doing the same things and expecting different results.”
If HB-230 passes the Senate, it will head to Governor Mike DeWine's desk to be signed into law. News 5 reached out to Gov. DeWine's office for comment and he said he supports the bill.
