COLUMBUS, Ohio — A new bill in Ohio would double the amount of THC a driver can have in their system.
Recreational marijuana is now widely available for adults across Ohio, but state Sen. Nathan Manning (R-North Ridgeville) said laws are outdated and negatively impacting innocent drivers.
"Whether you like it or not, marijuana is legal," the Republican, a former prosecutor, said. "We don't want to punish people for doing something that's legal."
In Nov. of 2023, voters overwhelmingly passed Issue 2 — which allowed adults 21 years of age and older to smoke, vape and ingest weed. Individual Ohioans are able to grow up to six plants with up to 12 per household. Dispensaries have been able to sell recreationally since Aug. 6, 2024.
"Marijuana users could be convicted of an OVI even if they are not under the influence," Manning continued, referencing the crime of operating a vehicle impaired.
THC, the psychoactive substance in cannabis, can remain in your system for weeks without affecting you. Case Western Reserve University medical law professor Sharona Hoffman explained that drug tests aren't always practical with timing. They can show inactive metabolites, which may not accurately show impairment.
"If you have a tiny bit of marijuana in your body, you may be able to still drive safely," Hoffman said. "So we need experts to determine at what level you really become a danger on the roads."
Research compiled by Healthline shows that cannabis can be detected:
- In blood for up to 12 hours unless you are a "chronic heavy user," showing it has been detected for 30 days.
- In saliva for up to 24 hours unless you use it frequently, which could lead to detection at 72 hours.
- In urine for three to 30 days, depending on usage.
- In hair follicles for up to 90 days, no matter usage.
This is why Manning introduced Senate Bill 55, which would double the amount of THC a driver can have in their system. Although he is the sole sponsor of it, numerous lawmakers on each side of the aisle said they would support it.
This bill changes the "per se" and "evidentiary" criminal amounts related to THC.
Per se, in this context, means that if law enforcement finds a certain amount, it's automatically a violation of law. The bill also talks about evidentiary standards or inferences, so if police find a specific amount, the judge can infer a violation even though it's not automatic.
Right now, a driver will be arrested for two nanograms of THC per milliliter in their blood or 10 nanograms in urine.
Working with medical experts, Manning proposed raising the amount from two nanograms of THC in a person’s blood to 5 nanograms.
The bill takes away the measurement in the urine count for an automatic violation, instead making a new evidentiary standard of 25 nanograms.
In English, this means that if someone has 25 nanograms of THC in their urine, prosecutors can argue to a judge that they were intoxicated.
"It's just not accurate for recent usage," Manning said.
The bill also says that the same evidentiary argument could be made for someone who has between two but less than five nanograms in their blood.
This isn't his first attempt at introducing this bill. During the last General Assembly, I covered that iteration of the legislation. However, he proposed it in Jan., 10 months before recreational marijuana was legalized that November.
RELATED: Proposed Ohio bill would relax OVI rules for marijuana users
Law enforcement officials say that this could make their jobs harder.
"Our concern is always public safety first," Jay McDonald with the Fraternal Order of Police said. "We don't believe that increasing the levels of marijuana you're allowed to have in your system is conducive to increasing public safety."
Prosecuting Attorneys Association’s Lou Tobin added that deciding the amount of THC that actually causes impairment for each person will be tough.
"Certainly, we don't condone people driving while they're intoxicated," Tobin said. "We don't condone people driving while there's marijuana in their system."
But a new, quicker way to determine high drivers is in progress. Last year, Ohio lawmakers passed a bill to allow police to use rapid roadside saliva testing. But it isn’t widely available — and Tobin said it will come at a price.
"We need more money for enforcement," he said. "Law enforcement needs to update their technology to do improved testing of marijuana-impaired driving."
Manning said he plans to work with experts and police to ensure safety matters more than the cost since these tests will cost local governments or the state money.
"I certainly would support trying to find funding to help, whether it's the troopers or local law enforcement, get those tests available," the Republican said.
Tobin had another idea, one that many legislators agree with.
"I think using a portion of the [marijuana tax] funds to pay for law enforcement and to protect our roadways should be a priority," he said.
Currently, the Ohio legislature is debating whether to dramatically change marijuana policy.
One of the changes would be to revise the tax structure.
RELATED: Ohio weed costs double Michigan's, but lawmakers want to make it even more expensive
Manning has also been working for years on other legislation to help expunge low-level marijuana convictions.
In this bill, helping prevent innocent people from facing OVIs and easing the load on law enforcement is his goal.
"I think law enforcement is probably seeing an uptick in usage, obviously, — that's normal with it being legalized," the lawmaker said. "[Police are] doing a really good job of trying to weed out those situations where they might have a suspicion somebody uses marijuana."
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