Lardiere, McNair & Stonebrook is a General Practice firm, but did you know a huge part of our business and experience lies in Personal Injury cases? The lawyers at Lardiere McNair & Stonebrook have over 100 years of combined experience fighting for the rights of injured Ohioans. That incudes protecting the rights of injured people that occurred due to the influence of marijuana consumption. If you have been injured by another, please call us.

In December 2023, Ohio joined 23 other states in the US when it legalized marijuana for recreational use. Of course, there’s a limit on how much marijuana and how many plants each person can possess, but the law has finally passed.

While for some the most interesting questions that arise out of this political development are social, for others, interesting legal scenarios arise. For instance, how will this affect the overburdened court and prison system and community policing. Another question that arose for me personally was ‘how will legalization of recreational marijuana affect the liability of persons accused of harming others in personal injury cases?’… The short answer? Not much.

Ohio legalized recreational marijuana through the passage of Issue 2, and creation of Ohio Revised Code 3780. This legislative change has prompted discussions regarding its effects on personal liability in injury claims. However, it is crucial to clarify that the duty of care remains intact.

The core principle of personal injury law revolves around negligence. Two of the biggest factors of this principle are duty and breach. Duty is the responsibility one has to avoid causing harm to others while breach is failing to meet the standard of care expected in any given situation.

Under Ohio law, the legalization of recreational marijuana does not diminish the expectation that individuals will act within the confines of the law and uphold their duty of care. Therefore, even if a defendant were using legal marijuana, they could still be found liable if their actions contributed to an injury.

So, while the legalization of recreational marijuana in Ohio introduces new dynamics within the legal landscape, it does not alter the fundamental principles of personal liability in personal injury cases. Individuals must continue to exercise caution and responsibility, as failing to do so can lead to legal consequences.

The attorneys at Lardiere McNair & Stonebrook have extensive experience wading through issues of duty and breach as discussed above. Their team is on standby and ready to take the wheel and assist you to ensure you receive proper compensation. Reach out to our office at 614-534-1355 to set up a free consultation.

Marisa Ray-Gooden is a Paralegal at Lardiere McNair & Stonebrook, Ltd., LPA.

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