Ohio Lawmakers Push for Fast-Result Drug Tests for Impaired Driving
Toledo, OHIO – As Ohio navigates the complexities of marijuana legalization, state lawmakers are seeking ways to assist law enforcement in quickly identifying drug-impaired drivers. House Bill 230, introduced by State Rep. Cecil Thomas, aims to equip police officers with the tools to conduct rapid drug tests in the field, similar to breathalyzers used for alcohol impairment.
Rep. Thomas, a former Cincinnati police officer, co-sponsored the bill in response to the increasing concern over drivers under the influence of drugs, particularly marijuana. “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 explained.
If passed, HB 230 would allow police to administer an oral fluid test on drivers suspected of being impaired by drugs. The proposed legislation operates under Ohio’s implied consent law, which already penalizes drivers who refuse breathalyzer tests. Under the new measure, refusing the rapid drug test would result in an automatic suspension of the driver’s license, mimicking the consequences for refusing an alcohol test.
One of Ohio’s leading dispensaries, Ascend Wellness, located near the Hard Rock Casino in downtown Cincinnati, highlights the state’s shifting landscape. The dispensary, which serves both medical and recreational customers, reports that 90% of its sales come from recreational marijuana, underscoring the growing use of cannabis in the state. This shift adds urgency to the need for effective impairment detection in law enforcement.
While HB 230 is still under consideration, police agencies in Ohio are preparing for the potential changes. Sgt. Ryan Purpura, a veteran of the Ohio State Highway Patrol, noted that officers have been trained in drug impairment detection since 2011 through the Advanced Roadside Impaired Driving Enforcement (A-RIDE) program. “It is something we take very seriously and it’s for the safety of everybody,” Sgt. Purpura said, emphasizing the importance of officer training and field judgment in identifying signs of impairment.
The issue of drug impairment testing is not unique to Ohio. Neighboring Indiana, where marijuana remains illegal, is already implementing marijuana fast-result oral tests for its troopers, as well as providing additional training for officers. Indiana State Police Sgt. Stephen Wheeles explained the importance of these roadside tests. “It’s crucial to our investigation,” he said, “and 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.”
Despite the potential for HB 230 to become law, lawmakers are acknowledging the need for a nuanced approach to impairment. Rep. Thomas highlighted that marijuana can remain in a person’s system for up to 30 days, raising questions about what constitutes impairment. “If you have it in your system, technically, you’re in violation,” Thomas said, though he added that it would be important to establish clear thresholds for impairment, similar to alcohol.
The ongoing debate over drug impairment detection reflects the broader challenges states face as they adjust to the legal landscape of cannabis use. Lawmakers, law enforcement, and the courts will need to work collaboratively to ensure that measures like HB 230 not only address safety concerns but also respect the rights of individuals in a rapidly changing legal environment.
