December 21, 2023 | Drug Crimes

Ohio has recently become one of the newest states to legalize recreational marijuana possession and use within its borders. Issue 2, which voters overwhelmingly passed in the November election, went into effect on December 7. But there are still several issues policymakers have to work out in the bill.

Some Ohioans may face unfair DUI charges, while others may be looking to get recent possession charges dropped. Discover defense attorney Joe Suhre’s perspective on the new challenges this law poses below.

DUI Issues

Although marijuana is now legal in Ohio, there are still some problems that need to be worked out in the DUI screening process. There’s no breathalyzer for marijuana; instead, the state measures impairment levels via a urine test. And in the case of marijuana, a urine test can turn up positive for up to thirty days after you’ve used it – long after your impairment ends.

You do have a right to refuse a urine test, but it will result in an automatic suspension of your license for a full year. Nonetheless, Joe Suhre recommends refusing the test. “I would rather have an administrative license suspension and be found not guilty of a DUI than to end up giving the prosecution evidence,” he said.

Recent Possession Convictions

The law doesn’t only impact people using marijuana after the December 7 effective date. Those who have recently been charged with (but not yet convicted of) marijuana possession may be able to get their cases dismissed. 

“My experience has been generally speaking with prosecutors’ offices and with courts that have been cases pending for conduct that subsequently becomes legal… generally speaking, it’s able to be resolved successfully,” Suhre said. “In other words, my experience has been that they’ll generally dismiss it now. But that’s not a guarantee.”

A talented defense attorney like Suhre can help you fight these charges.

Continuing Restrictions

Although marijuana is now legal for recreational use in Ohio, there are still several restrictions on it. For one thing, marijuana remains illegal on the federal level, which means you still can’t have it on federal property. If you work for the federal government or an employer that prohibits marijuana use, you may still be subject to drug tests and prosecution if you get a positive test.

Under Ohio’s indoor smoking ban, you can’t smoke marijuana indoors, and some landlords may prohibit renters from having it on their property. A federal law also prohibits marijuana users from receiving, possessing, or buying a firearm. If you plan to buy a gun, you’ll be asked if you use marijuana, and lying is considered a felony.

Protect Yourself from Wrongful Convictions

Possessing and using marijuana may now be legal in Ohio, but that doesn’t mean the end of wrongful marijuana-related convictions. Because marijuana shows up on urine tests for so long after use, you could be convicted of driving under the influence even if it’s been days since you used it. There are also several places in the state where marijuana possession is still illegal, such as on federal property and certain rental properties.

Contact the Dayton Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today

If you’re facing a marijuana conviction, either for possession or DUI, reach out to us at Suhre & Associates, LLC. We are your DUI criminal defense attorneys, and we’re ready to stand up for your rights. Contact us today at (937) 531-0435 to discuss your case, or visit us at our Dayton law office.

Suhre & Associates, LLC – Dayton
130 West Second Street #17-129
Dayton, OH 45402
United States