Will Medical Need Excuse Your Possession of Marijuana Charge?
People find relief from various different medical conditions by using marijuana, whether prescribed by a doctor or obtained by other means. In Oklahoma, marijuana users who treat medical conditions with the plant could face serious criminal charges if found in possession of marijuana or under its influence. New legislation up for a state-wide vote in June 2018 could help them stay out of trouble.
Voters will decide State Question 788 on June 26, 2018. If passed, the ballot initiative would legalize the licensed use, possession, and cultivation of marijuana for medicinal use only. Users would need to obtain a signature from a licensed doctor to obtain a license granting permission to use marijuana. Children under the age of 18 would need signatures from two different doctors. People with licenses could possess three ounces or less on their person and eight ounces or less in their place of residence. Similarly, anyone running a dispensary or a commercial growing or processing operation would need a license.
State Question 788 does not limit medical marijuana use for any particular medical conditions. As long as you obtain a doctor’s signature, you may get a license. Some Oklahoma legislators, however, are already working on ways to limit medical use to those with certain medical conditions. They argue that the state question is too open-ended in its wording.
Keep in mind that marijuana use, possession, and cultivation are still illegal according to federal law – and Oklahoma state law, until votes come in for the state question. In contrast, cannabis oil is legal in Oklahoma, as in a number of other states that have not authorized medical marijuana use. See House Bill 2835. As a result, as of today you can be charged with possession of marijuana in the state even if you use it to treat medical conditions.
Medical use is not a defense to criminal charges related to marijuana, including driving under the influence. Finally, even if State Question 788 does pass, people could be convicted of driving under the influence of even medical marijuana if it renders them “incapable of safely driving a motor vehicle.” 47 O.S. § 11-902(A)(4).
To learn more about marijuana laws in Oklahoma, seek out the local criminal defense attorney with the experience and knowledge you need. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, follows key changes in Oklahoma law to find the best defenses for his clients. Schedule a case evaluation by visiting Patterson Law Firm online or calling Clint’s office at (918) 550-9175.