Medical Marijuana & DUI in Oklahoma: How to Protect Yourself

It is illegal to have a medical marijuana license and a drivers license in Oklahoma.

When you hear this, your immediate reaction is—that isn't true. You can absolutely obtain both a medical marijuana license and a driver's license in Oklahoma. You do not have to surrender one in order to get the other, but ultimately, you are exposed to significant liability if you have both. Most people don't realize this. We will go over why this exposes you to liability and how to best protect yourself in the event that you are faced with a DUI-drug charge due to legally consumed marijuana.

The Issue

Oklahoma has medical marijuana laws that allow individuals to legally purchase and consume marijuana as long as they have a valid medical marijuana license. When you obtain this license, you do not lose your driving privileges. However, you are exposed to serious liability while driving after you have legally consumed medical marijuana, even if you are not currently under the influence.

This is because Oklahoma only has two approved testing methods when you are pulled over for a DUI: a breathalyzer test and a blood test that tests for the presence of THC. If you are pulled over and the officer suspects you are under the influence of marijuana, they will offer you the state's test. This will be a blood test that merely shows the presence of THC. THC can stay in your system long after the effects have worn off. This can be days, weeks, or even, in rare instances, months. This means you can smoke medical marijuana one day, get pulled over for a DUI a week later, be given a blood test, and fail!

The Bigger Issue

You may say to yourself, this won't be a problem. I drive safely and won't be pulled over or suspected of a DUI. However, there is a bigger issue here. Even the most careful drivers can find themselves in a car accident. If you are involved in an accident where a person is seriously injured or even killed, they can obtain a warrant for a blood draw. This can occur without your consent. If the presence of THC is found within your system, you now have homicide charges. That's because that simple car accident turned into a DUI accident with a death involved.

The Solution

You may read this and think, "What am I supposed to do? I need my medical marijuana and my driver's license." While there is no perfect solution (absent the state of Oklahoma modernizing their testing techniques), here are a few ways you can protect yourself from inaccurate accusations that you are driving under the influence when you are no longer under the influence.

• Never drive while actively under the influence: This feels obvious, but it is one safeguard that you need to keep in mind. Even if you are legally allowed to smoke marijuana, you are not allowed to be under the influence while driving.
• Do not leave any marijuana or paraphernalia in your vehicle: especially in plain sight, but it's best not to have it in your vehicle at all. This can contribute to an officer's suspicion that you are under the influence, even if you aren't. If you must transport your medical marijuana, such as right after purchasing it, it is best to keep it out of plain sight and out of reach.. for example, in an opaque bag in the trunk of your vehicle, in your passenger compartment, or in the compartment on the back of the driver's seat.
• Request that an additional vial of blood be drawn during the blood test: This is the most important piece of information that medical marijuana users need to know about. If you are taken for a blood draw, whether it be due to a warrant or consent, you have the right to request that they draw additional vials of blood that you can have tested at your own expense. You are explicitly allowed to request this under 47 O.S. § 67-751 E. The procedure for doing this is outlined for law enforcement in their procedures manual provided on the Oklahoma website. Oklahoma utilizes outdated technology that only shows the presence of THC in your system. That doesn't mean tests that show active impairment don't exist. It is vital that you request they draw additional blood vials that you can have tested by a lab that checks for actual impairment rather than the mere presence of THC.

Conclusion

I regularly hear people say this won't be an issue.. that no police officer will claim they are under the influence when they are sober, and that no prosecutor will charge them based on the mere presence of THC. While I sincerely hope that all of our police officers and prosecutors will be honest and handle these issues with integrity, I know that I personally would not want to bet my freedom on it, and therefore I would never ask my clients to. If you have a medical marijuana license and a driver's license, it is important you know what safeguards you have to ensure you aren't wrongfully accused of driving under the influence long after you have legally consumed medical marijuana.