Proponent argues SB 55 would align OVI law with science by removing metabolite-based convictions

A proponent hearing on Senate Bill 55 focused on changing how Ohio prosecutes marijuana-related operating‑while‑impaired (OVI) cases by removing metabolite-based per se offenses and emphasizing active Delta‑9 THC levels.

Brian Hawkins of the Ohio Association of Criminal Defense Lawyers said current Ohio law can convict drivers based on inactive metabolites — a waste product that can persist for days or months — and urged lawmakers to set per se limits based on active Delta‑9 THC. "We should be concerned with the Delta‑9 THC, the active psychoactive ingredient in marijuana," Hawkins said, describing carboxy‑THC as an inactive metabolite that "creates no impairing effect" and can linger long after use.

Under the bill described at the hearing, the state would set a per se blood level of 5 nanograms per milliliter for Delta‑9 THC and remove per se metabolite thresholds from urine or oral-fluid testing. The bill also creates an evidentiary inference at lower test levels — for example, 2–5 ng/mL in blood or specified urine/oral-fluid levels — that a jury or judge could weigh alongside other evidence and which either party could rebut with expert or other admissible evidence.

Why it matters: With medical and recreational marijuana legal in Ohio, proponents said the current per se metabolite rules can convict people who are not impaired at the time of driving; the bill seeks to balance public‑safety enforcement with scientific evidence of impairment.

What comes next: SB 55 had a second proponent hearing and was moved to written testimony where additional stakeholders may weigh in.