DUI and Medical Marijuana in Oklahoma Under SQ 788

Cross Examining in the Courtroom: Taking Down the Standardized Field Sobriety Tests

In June, the citizens of Oklahoma voted to pass State Question 788, which dealt with marijuana possession in Oklahoma. The vote legalized the use of medical marijuana for those who obtain a license to do so. While the legalization of medical use gets the most attention, some changes to the laws around driving while possessing marijuana have serious implications on DUIs in Oklahoma.

There are still a few things to keep in mind:

• Possession of marijuana is still illegal under federal law regardless of having a medical marijuana card. Oklahoma is not the first state to have legalized cannabis is some form, many states have. The federal government, however, has not legalized cannabis in any form even though they appear to have little interest in enforcing that law. Even still, it would not be advisable to possess cannabis on federal property like Tinker Air Force Base even if you have a medical marijuana card.

• Under Oklahoma and federal law, it is illegal to carry a firearm if you are under the influence of marijuana. You cannot purchase a firearm if you are a user of marijuana.

• You can still get a DUI. Under Oklahoma law, having the metabolites of marijuana in your system is presumptive proof that you are under the influence of marijuana. We realize that this is a farce as metabolites can stay in your system as long as thirty days. Thus, if an officer thinks you are impaired and the blood test shows metabolites, you can be convicted of DUI-Drugs, even though we know that metabolites have nothing to do with intoxication.

• It is still illegal to possess marijuana if you do not have a medical marijuana card. State question 788 states that simple possession of marijuana shall carry a punishment of up to a $400 fine assuming you state a medical condition justifying the need for marijuana. This is important as if you do not have a medical need for marijuana, then the fine is still up to a $1000 and up to a year in the county jail.

The consequences of being convicted for possession of marijuana can be harsh and you often are not told of them. A conviction can affect your ability for federal student aid. If your possession charge involved a car (driving or riding in one), it is possible that you may lose your license.

Legal Help Makes All the Difference

If you have been arrested for possession of marijuana, it is absolutely essential to get professional legal help. This may seem like a minor offense but it can have massive repercussions on the rest of your life. There are options that an experienced legal team like the Hunsucker Legal Group can explore that could result in a better outcome.

Contact us today to schedule a free consultation.