COLUMBUS, Ohio — Ohio could soon overhaul the way it prosecutes drivers suspected of being impaired by marijuana, following unanimous passage of Senate Bill 55 in the Ohio Senate. The bill is now before the House Judiciary Committee, where it recently received proponent and opponent testimony.
At the center of the debate is how Ohio currently measures marijuana impairment — and whether those measurements are scientifically sound or legally fair.
Under current Ohio law, a driver can be convicted of an OVI based solely on the presence of marijuana metabolites in their system — a non-psychoactive byproduct the body produces as it breaks down marijuana that can remain detectable for weeks after use, long after any impairing effects have worn off. Critics argue that the standard has led to convictions with no evidence of actual impairment at the time of driving.
Senate Bill 55 would reduce Ohio’s four current marijuana OVI offenses down to two — operating under the influence of THC and operating with a prohibited concentration of THC in the blood. It would raise the per se blood concentration threshold from two nanograms per milliliter to five, and would strip out the metabolite-based prohibitions entirely.
The bill would also give defendants new tools to fight charges, allowing them to challenge the methods, equipment, and reliability of blood, urine, and oral fluid testing both before and during trial.
One Columbus defense attorney who testified before the House Judiciary Committee argued the bill strikes the right balance between public safety and defendants’ rights.
“It is clear that allowing drivers to be convicted of impaired driving solely based on the level of an inactive metabolite of marijuana in their body is patently unfair,” said Bryan Hawkins of the Dominy Law Firm. “This compromise position preserves law enforcement officers’ ability to keep impaired drivers off the road while simultaneously allowing defendants the ability to defend themselves and their due process rights once the case makes its way to court.”
Supporters of the bill, including defense attorneys and civil liberties advocates, argue the current law has produced unjust outcomes by allowing convictions of people who were not actually impaired behind the wheel.
Opponents push back on the science underlying the proposed thresholds, arguing there is no reliable per se limit that accurately reflects marijuana impairment for all drivers. Some safety advocates cautioned that the changes could lead to fewer convictions and put impaired drivers back on the road. Researchers have separately pointed to data showing a significant percentage of drivers killed in Ohio crashes had active THC in their systems.
Ohio legalized marijuana for recreational use in 2023. Senate Bill 55 would mark the first major update to the state’s OVI laws since that change took effect.
The bill still requires a full House vote and the signature of Governor Mike DeWine before becoming law. No timeline for a floor vote has been announced.