People in other states can consume marijuana legally, but as soon as they enter Indiana, if they drive on the roads, they are per se operating a vehicle while intoxicated (OVWI) because of the marijuana in their system.
Arrested for OVWI
The police will arrest drivers, and the prosecutor will charge them with OVWI. The drivers may not even be impaired, but under the current law, they would be charged. If the new law is passed, it provides a defense for drivers that used marijuana on a different day. However, if police document signs of impairment, the defense will not be available for drivers who test positive for the substance. If there is no proof that the driver is impaired, the driver should not be arrested or charged. Apparently, they are trusting the police to document the signs or lack of signs of impairment accurately.
In Indiana, the Republican legislative leaders are not interested in legalizing marijuana this session, but they hope this bill stops innocent people from being punished for marijuana in Indiana.
