Ohio Senate Passes Bipartisan Bill Updating Marijuana OVI Standards in Unanimous Vote

Senate Bill 55, filed in January by a bipartisan group of 17 lawmakers, sets clear limits for THC in a driver’s blood, urine, or oral fluid that can be used to presume impairment. It also allows courts to consider additional evidence—such as field sobriety tests and expert testimony—rather than relying solely on chemical results, addressing long-standing concerns that drivers could face convictions based on residual marijuana in their system even if they were not impaired at the time. The measure, approved by a 28 to 0 vote, amends multiple sections of the Revised Code to bring marijuana impairment standards in line with current testing practices. It establishes clear thresholds—25 nanograms of THC per milliliter of urine, 2 to less than 5 nanograms per milliliter of whole blood, and 5 nanograms per milliliter of oral fluid—that can be used to presume impairment. However, the law makes clear that these levels are not absolute proof. Instead, they create a rebuttable presumption, giving judges and juries discretion to weigh all relevant evidence, including whether a person’s behavior or performance showed actual impairment.

Backers say the legislation provides a more balanced framework that prioritizes public safety without unfairly penalizing marijuana users who may test positive long after consumption. By updating evidentiary rules and aligning them with scientifically recognized benchmarks, the state aims to reduce ambiguity in how marijuana OVI cases are handled.

The proposal now moves to the House of Representatives for consideration.