Columbus and Delaware, Ohio Marijuana Attorney
If you have been charged with possession of marijuana in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio marijuana attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your marijuana case.
Medical Marijuana Legal in Ohio
Medical marijuana was made legal in Ohio in September 2018, and the first dispensaries opened in January 2019. However, despite the legalization of medical marijuana in Ohio, those who possess and use marijuana must still confront a myriad of restrictions.
Marijuana Possession and Marijuana Trafficking in Ohio
Even though medical marijuana was made legal in Ohio, it is unlawful to possess or sell marijuana without a medical marijuana card or proper licensure. Despite the recognition that marijuana can help those with certain medical conditions, Ohio still classifies marijuana as a Schedule I substance. This means that marijuana has no health benefits (even though medical marijuana, by definition, is a recognition that marijuana has health benefits) and the punishment for unlawfully possession or selling marijuana can be severe.
In Ohio, possessing even one gram of marijuana without a medical marijuana card or proper licensure is a misdemeanor that can result in the loss of your driver’s license, student loans, and government assistance. Possessing 200 grams or more is a felony. Selling (i.e., trafficking) marijuana in any amount is a felony.
Ohio DUI / OVI and Marijuana
Ohio DUI / OVI law is antiquated due to the failure to test for THC (tetrahydrocannabinol, i.e., the active ingredient that causes psychological and physiological effects on a person). Instead, Ohio tests for marijuana metabolite. The metabolite remains in a person’s system for days and sometimes weeks after the psychotropic effect of THC has dissipated.
What this means for those who have a medical marijuana card is that you risk being charged with DUI / OVI in Ohio if an officer smells marijuana in your vehicle, suspects you are impaired and places you under arrest. Submitting to a urine test will not assist your cause as the urine test will confirm the officer’s suspicions – you were impaired because you have marijuana metabolite in your system.
Pursuant to R.C. 4511.19(A)(1)(j)(vii), a person can be convicted of DUI / OVI in Ohio if a person has 35 or more nanograms of marijuana metabolite per milliliter of urine, or 50 nanograms or more of marijuana metabolite per milliliter in their whole blood, blood serum or plasma. However, marijuana metabolite is not indicative of current impairment, but past use.
Columbus and Delaware, Ohio DUI / OVI Attorney
If you have been charged with DUI / OVI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio DUI / OVI attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI / OVI case.