Medical Marijuana Searches in Oklahoma
The recent legalization of medical marijuana in Oklahoma doesn’t mean that the drug is available to everyone— technically it is restricted to people with medical conditions. Because of the newness of these laws, there is much room for interpretation, and rulings from other states can be essential.
Recently in Pennsylvania, a person was arrested for possession of marijuana when their car was searched. The judge threw out the case because the defendant had shown the officers their medical marijuana card and therefore the search was illegal. Pennsylvania prosecutors appealed, but the ruling was upheld. This is an important legal precedent.
In Oklahoma, the police may try to search a car if they smell marijuana, even if the person has a card authorizing its use and possession. The Courts of Oklahoma have yet to take a firm stance, but as an attorney I find it likely that Pennsylvania’s precedent will hold here. It appears that the smell of marijuana no longer justifies the detention of a person or a search of their vehicle.
Even if the person does not have a card, if they have a medical reason for possessing a small amount, like joint pain or anxiety, they should immediately and clearly tell the officers when they are trying to search their car. That can be the difference between a conviction and a dismissal of charges.
Any defendant facing marijuana charges needs an innovative and experienced attorney. At Edge Law Firm, our team is well prepared to make a difference in any and all cases that come through our door.
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