In 2016, Ohio set up the framework that would lead to the legalization of medical marijuana in 2018. And in 2022, lawmakers even put forth the idea to expand on eligibility for the medical marijuana program in Ohio.
With all of these semi-recent changes surrounding marijuana and by extension marijuana-related products like CBD oil, this raises a lot of questions for individuals living in Ohio. These questions can include can you legally drive after taking CBD oil and does CBD affect the way you drive at all?
Below, we take a closer look at both of these questions and what exactly they can mean for you.
Note: The following is not legal advice. It is general information meant to inform. Please contact our law firm to consult with a Columbus traffic defense lawyer for further information.
Driving under the influence of drugs in Ohio can carry severe penalties for drivers. Possible penalties include high fines, jail time, probation, suspension of your driver’s license, and license reinstatement fees. What about driving after taking CBD oil?
This is a somewhat difficult question to answer, as the research surrounding CBD oil’s impact on driving is rather limited. There is new research coming out to help explain the effect that CBD oil can have on individuals when driving.
Based on research conducted by the University of Sydney in 2022, it was found that 1500mg (which is the highest medicinal dose of CBD) had no impact on a person’s ability to drive or on their cognitive abilities in general.
Lead author on the study, Dr. Danielle McCartney, said: “Though CBD is generally considered ‘non-intoxicating’, its effects on safety-sensitive tasks are still being established. Our study is the first to confirm that, when consumed on its own, CBD is driver-safe.”
So, while research is still limited, CBD oil on its own has been found to be driver-safe through one study.
We will also note once more that there is still generally a lot that is unknown about the effects of CBD, even though it is generally well-tolerated by users. Some known potential side effects and harms, as per the Centers for Disease Control and Prevention (CDC), include:
Ohio has generally lenient CBD regulations in place. The 2018 Farm Bill was passed into law with SB 57, which removed hemp from Ohio’s controlled substance list just as hemp was removed from the federal Controlled Substances Act the same year. This essentially means that as long as CBD is derived from hemp and contains less than 0.3% of THC, the CBD is legal to use.
CBD oil has been found to not intoxicate people, instead offering pain relief and calming effects to individuals who use it. With that in mind, it is important to note that some CBD products also contain certain types of THC that may cause impairment and can result in testing over the legal limit for marijuana. Drivers can face OVI charges if they are found to be under the influence of controlled substances like marijuana or if their ability to drive is believed to be impaired. (Section 4511.19 of the Ohio Revised Code lists the legal limit for various substance amounts)
When it comes specifically to the use of CBD oil, make sure you check to see if it contains any kind of THC. If you are facing an OVI charge due to CBD oil use, please contact a Columbus OVI lawyer from The Maher Law Firm.
If you are being charged with a DUI/OVI for driving after CBD oil use, you should connect with a Columbus criminal and traffic defense lawyer for assistance. Attorney Colin Maher of The Maher Law Firm has worked with thousands of clients in Columbus on a range of criminal and traffic issues including drunk and drugged driving, disorderly conduct, weapons offenses, drug offenses, and more. You can connect with The Maher Law Firm over the phone by calling 614-205-2208 or by reaching out through our online contact form.
