Oklahoma's DUI Laws Leave No Room For Medical Marijuana

The state of Oklahoma recently legalized the use of medical marijuana, but not all aspects of the law have caught up with the change.

Oklahoma’s DUI laws still prohibit you from having any marijuana in your system when driving. You may be using medical marijuana legally, but if you drive with it in your system, you are still breaking the law.

Despite the legalization of medical marijuana, current state laws do not allow you to drive with any amount of marijuana in their system, even if it is being used legally as a medical treatment. Law enforcement agents can administer blood, urine, or saliva tests within 2 hours of an arrest. If the test comes back positive, you would receive a DUI, much like if you had been driving drunk.

What if I don’t drive with THC in my system?

Some of you may be thinking, “well I don’t drive while THC is in my system, so I am fine.“ This isn’t true. While most people know that THC is the only part of marijuana that has an intoxicating effect, current tests used by law enforcement can only detect the presence of Marijuana generally, not THC. They also can’t detect whether you used marijuana an hour ago or a month ago. Marijuana can stay in your system for up to a month after the last use. This means that if you are actively using medical marijuana legally, you cannot legally drive.

Colorado is working towards creating a test that would allow officers to test you for THC rather than cannabis, but these tests are years away from implementation. Even if this test is approved for use, the Oklahoma legislature would first need to amend current DUI laws to reflect the ability to use the new testing system.

What Should I Do?

If you are currently using medical marijuana, the safest answer is that it is best not to drive until a test has been developed for THC use. If you are unsure about how to handle this issue, or if you have been a victim of this gap in the law, you should contact a DUI attorney.