DUI and Medical Marijuana in Oklahoma

Client Review

John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can’t say enough good things about Mr. Cannon. He’s incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon’s professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs. – S VanZante


The new development of the right to legally possess medical marijuana, since the passing of state question 788 does have its limits; one of which is driving under the influence of marijuana. The vote on SQ 788 legalized the use of medical marijuana after obtaining a medical marijuana license. The focus of this page is legalization of medical marijuana and its implications of DUI drugs or DUI marijuana in Oklahoma. 

It is important to know your rights and retain an Oklahoma DUI Defense Attorney if you or a loved one is charged with DUI Drugs in Oklahoma. The following are a number of issues to keep in mind related to DUI Drugs or DUI marijuana in Oklahoma.  

Important Issues to Consider with DUI and Marijuana

1) Possession of marijuana is illegal under federal law

Oklahoma is far from the first state to legalize some form of medical marijuana or recreational marijuana use; however, be that as it may, the federal government has not legalized it. The federal government has not legalized marijuana or cannabis in any format at this time. You would be well advised to not possess medical marijuana in Oklahoma on federal land: Tinker Air Force Base, Fort Sill, Vance Air Force Base, National Parks, etc. 

2) It is illegal to carry a firearm, while under the influence of marijuana.

Under Oklahoma law and federal law you carry a firearm if you are under the influence of marijuana. Additionally, you cannot purchase a firearm if you are a user of marijuana.

3) You can get a DUI based on medical marijuana in Oklahoma

Any presence of marijuana in your system is presumptive proof that you are under the influence of marijuana or guilty of DUI Drugs. This is true if you only have marijuana metabolites in your system. This is a law our firm disagrees with and fights for our clients. It is non-sensical to claim someone was driving under the influence of marijuana based on metabolites alone, if it can stay in your system for a month.  

4) It is illegal to possess marijuana, if you do not have a medical marijuana card

Possession of marijuana in Oklahoma without a legal medical marijuana card is a criminal offense that carries jail time. State Question 788 states possession of marijuana carries a fine of $400, but no jail time, if a medical condition is stated as the base for possession. Otherwise, it carries up to a year in jail and up to a $1000 fine. 

Representation for DUI Drugs or Marijuana Charges

The consequences of being convicted for possession of marijuana or DUI Drugs based on marijuana can be harsh and long lasting: loss of your license, insurance increase, student aid, costs, and your freedom.

You need an experienced criminal defense attorney in Oklahoma, if you or a loved one has been charged or arrested for DUI or marijuana charges in Oklahoma. Contact Cannon & Associates today if you have been charged with DUI Drugs or possession of marijuana. Cannon & Associates has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges in Oklahoma, including DUI marijuana;  evidenced by John receiving the highest possible AVVO rating – 10 (superb) and being identified as a Super Lawyer in Oklahoma. Call our office at (405) 657-2323 for a free confidential consultation and case evaluation.


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