Last week the Arizona Supreme Court ruled that state cannot prosecute a driver for marijuana DUI unless that driver shows indications that they are impaired by the drug at the time of the stop. This is a major victory in the battle to protect people's constitutional rights. 
The Court found that a certain chemical compound can be found in a person's blood or urine when they are under the influence of marijuana. Further, they found that  chemical compound is not present when a person regularly uses marijuana but is not under the influence at the time of arrest.

Ohio currently has no such law. If you are charged with DUI in Ohio and your blood or urine has a certain level of marijuana metabolite, there is no inquiry as to when you may have smoked last. This is problematic for people that smoke marijuana on a regular basis. The drug can be detected in one's system days or  even weeks after they have last smoked--especially in those who smoke marijuana regularly. The Arizona Court ruling is one of the first to create a distinction that protects people that use marijuana but do not drive after doing so. 
Several states have passed laws allowing for the use of medical marijuana, while Colorado and Washington now allow recreational use. This November Ohio voters will likely have their first opportunity to pass a law allowing for medicinal use of marijuana.
Hopefully changes in Ohio DUI laws will come shortly. But for now if you are charged with a drug related DUI, call Pieri Law Office, LLC at (614) 467-0264 or Contact Us.


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