You Can Still Get A DUI If You Smoke Pot


Voters in seven states across the country voted to significantly change the laws regarding marijuana use on Tuesday. These laws will make it dramatically easier to buy pot for residents of those states, and will likely make it easier for visitors as well. Marijuana remains a Schedule I drug in Ohio, though four communities passed local ordinances that decriminalized the possession of 200 grams or less:

  • Roseville, Muskingum and Perry counties
  • Logan, Hocking County
  • Bellaire, Belmont County
  • Newark, Licking County

Here’s the quick rundown of which states voted to legalize marijuana:

Arkansas: Medical Marijuana

While residents are now allowed to buy marijuana with a doctor’s recommendation, there won’t be anywhere to buy it until at least June 1, 2017, the first day the new state commission will accept cultivation facility and dispensary licensing application.

California: Recreational Marijuana

Medical marijuana has been legal in California for some time, but now residents don’t need to worry about seeing a doctor first – at least, they won’t once the state begins issuing licenses to dispensaries on January 1, 2018.

Florida: Medical Marijuana

Florida residents already had access to medical marijuana, but people with one of the 10 new conditions added to the list on November 8 are now able to get their own identification cards.

Maine: Recreational Marijuana

Voters chose to legalize marijuana on Tuesday, but they may not get the chance to purchase any from an in-state dispensary for quite some time. The state needs to develop regulations for social clubs and dispensaries over the next nine months, though residents can legally possess 2.5 ounces of pot 30 days after the governor certifies the results.

Massachusetts: Recreational Marijuana

Starting December 15, 2016, Massachusetts residents won’t need a medical card to possess marijuana, though dispensaries won’t start to open until January 1, 2018 at the earliest.

Nevada: Recreational Marijuana

Residents can legally possess marijuana starting January 1, but Nevada’s taxation office won’t have any regulations on the sale of pot until the end of 2017, and dispensaries won’t open until sometime in 2018.

North Dakota: Medical Marijuana

Residents of North Dakota with a prescription from their doctor can start buying marijuana from dispensaries starting February 2017, and if they live at least 40 miles from their nearest dispensary can grow up to eight of their own pot plants.

Medical marijuana was legalized in Ohio earlier this year, though the first dispensaries won’t open up for quite some time. Despite the ever-changing landscape of legalization around pot, it’s important to remember that DUIs and OVIs apply to more than just alcohol – if you are caught driving under the influence of any substance, including marijuana, you could be charged with a crime.

If you were charged with a DUI or OVI, you need to reach out to an attorney as soon as possible.Koffel Brininger Nesbitt has been the highest ranked DUI / OVI law firm in Ohio for 10 years in a row, and we’re ready to use our knowledge and experience to help you in court. Give us a call at (614) 675-4845 to speak with one of our attorneys, or fill out our online form to give us the details of your case.

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