CINCINNATI (WXIX) – Some Ohio lawmakers are searching for ways to help law enforcement perform fast-result drug tests in the field following the state’s full legalization of marijuana.
Ohio State Rep. Cecil Thomas is a co-sponsor of House Bill 230, which allows police to perform fast-results drug tests in the field.
“Similar to DUIs, now you’re going to have individuals driving under the influence of a drug, and marijuana happens to be a drug that impairs your ability to function,” Thomas says.
Ascend Wellness is a marijuana dispensary between the Hard Rock Casino and the main jail in downtown Cincinnati.
It is dual-use, meaning it sells medical and recreational cannabis.
Ascend Wellness’ senior vice president of retail says medical sales only account for 10% of its business.
Ascend has four other locations in Ohio, and most sales are recreational.
Under HB 230, police officers could better investigate drivers suspected of being high by using the rapid result oral fluid test.
If you are pulled over under the suspicion of being impaired, the complied consent law implies your license is a privilege, not a right. So, if you refuse a breathalyzer, you lose your driving privileges.
The same would happen if Ohio state lawmakers could get these tests into the hands of officers.
“This bill allows for similar instances,” Thomas explains. “If an officer suspects you of being under a drug, whatever that drug may be, then the officers would do a mouth swab. You can refuse that mouth swab. If you refuse, your license is suspended automatically.”
Sgt. Ryan Purpura has been with the Ohio State Highway Patrol for two decades.
He says while lawmakers haven’t passed HB 230 and the rapid oral test to detect marijuana use, law enforcement can rely on their training when in the field.
“There’s some other tests we’re going to do on the side of the road to detect that impairment,” Sgt. Purpura says. “Since 2011, our troopers have been taught in A-RIDE: Advanced Roadside Impaired Driving Enforcement. So, our troopers have been trained since 2011 to look for the signs of drug impairment or alcohol impairment. It is something we take very seriously and it’s for the safety of everybody.”
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Unlike Ohio, marijuana is illegal in Indiana, but it’s surrounded by states where it’s legal recreationally, and Kentucky which has legalized medical marijuana.
However, Indiana troopers are getting marijuana fast result oral tests and the extra training that comes with them.
“That’s why it’s crucial and why we are trained as investigators to do those roadside tests and observe the driving behavior and other things that tell us someone is under the influence,” said Indiana State Police Sgt. Stephen Wheeles. “That’s crucial to an investigation that through our investigation, it’s going to be the totality of the circumstances along with the ultimate test to figure out what was in their system at the time.”
Rep. Thomas, who served nearly 30 with the Cincinnati Police Department, says state lawmakers, law enforcement and the courts need to be proactive and work together.
“We all know that marijuana could be in your system for 30 days or more,” Thomas stated. “So, there’s going to have to be a threshold as to what is impairment. If you got it in your system, it’s like if you have alcohol in your system, technically, you’re in violation. If you have it in your system technically you are in violation but are you impaired.”
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Some Ohio lawmakers are searching for ways to help law enforcement perform fast-result drug tests in the field following the state’s full legalization of marijuana. Read More
