The legalization of medical marijuana use in Oklahoma represents a major shift in the legal landscape of the state. While many people celebrate being able to use marijuana to treat medical conditions, there are still legal issues surround the substance that must be addressed.
One of the biggest issues surrounding these laws in Oklahoma is the fact DUI laws are not built to accommodate legal marijuana usage.
Marijuana DUI: Presence Doesn’t Equal Impairment
While marijuana can impair driving within a limited window of it being used its mere presence does not equal intoxication.
The problem from a legal standpoint is that the marijuana residue (metabolites) will remain in someone’s systems for days after the effects have worn off. This means that a person could be convicted of a DUI for having marijuana in their system from days earlier.
Many of the laws around DUIs are constructed to handle alcohol related offenses. However, alcohol and marijuana are very different from a scientific standpoint and need to be treated differently.
DUI Laws Must Adapt to Legal Marijuana
It is not fair that people are prohibited from driving because of their responsible use of medical marijuana, but the way the laws are constructed that is the reality. Current law would require someone convicted of DUI while under the influence of marijuana to install an Interlock device (blow and go) in their car to be able to legally drive. This device detects alcohol only so it is a ridiculous requirement, yet it is the law.
The state of Oklahoma must make changes to the laws to accommodate for medical marijuana, and find ways to reasonably determine a person’s impairment.
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