Drug possession has same license suspension penalties as OVI charges

Back in 1992, Ohio accepted a federal mandate that required anyone convicted of a misdemeanor marijuana possession charge to have their driver license suspended for a minimum of six months but up to a possible five years. Even if the person is found no where near a motor vehicle at the time of possession, they still are required to face the suspension of their license.

Many organizations are looking to reform this code, and have it so people found in possession of marijuana also don’t lose their license, one of them being Ohio NORML. Ohio NORML is the state chapter of the National Organization for the Reform of Marijuana Laws serving Ohio. The goal of the organization is to have a “where cannabis is free of black market influences, and legally grown, bought, sold & properly labeled in a controlled and regulated market, including growing for personal use.” According to Ohio NORML, as of early 2014, 145,397 residents of Ohio lost their license, at least in part by non-driving related issues. These numbers also include those who lost their license due to drunk driving. Suspension can even come from possession of a pipe, which was made a non-arrestable offence by SB337. Below is a table showing potential charges and fines for drug possession in Ohio.

Ohio enforces this suspension under US Code Title 23 section 159. The code states: “revocation, or suspension for at least six months, of the driver’s license of any individual who is convicted, after the enactment of such law, of any violation of the Controlled Substances Act, or any drug offense.”

Legislators can opt out of this requirement by sending in a certified statement by the governor opposing enactment or enforcement of the law and a resolution by the State legislature expressing opposition to such a law. Ohio is one of 16 states still enforcing this law.

The problem this brings is if a working person is to lose their license for a drug possession. Driver license suspensions can be devastating to those with a job. According to The Clemency Report, 42% lose their jobs following a license suspension.

Under Ohio law, those who are charged with a first time OVI (operating the vehicle under the influence) will face a driver license suspension for six months and up to three years. Those charged with drug possession may find themselves getting the same charges as someone with an OVI. One person who was convicted of an OVI, but remains to stay anonymous, says this isn’t fair.

“I do not believe that it is fair because in my personal opinion anyone who is charged with DUI is committing a much more serious crime than being caught with marijuana,” he said. “Anyone who is caught with marijuana isn’t putting anyone else in jeopardy compared to driving a vehicle while intoxicated. Anyone who is charged with DUI deserved to get their license suspended which is something I will always stand by.”

Ohio NORML encourages citizens who find this punishment to be unfair to contact their state legislators.

Drinking while driving is a serious offense. If you or anyone you know has a drinking problem please contact the nearest Alcoholic Anonymous. The Akron Alcoholic Anonymous can be contacted at 330-258-8181.