Oklahoma Law Enforcement Warns Medical Marijuana Users Of Driving Under The Influence

Oklahoma law enforcement agencies said medical marijuana users often misunderstand the rules when it comes to getting high and driving.

Police said they see people driving under the influence of marijuana, and the driver believes it’s okay since they have a medical card.

Prosecutors said there are challenges in proving drug use while driving, and some attorneys said there are flaws in the state’s system.

The Tulsa County District Attorney said high driving is something he sees more of as marijuana use increases and he wants to emphasize that even if you have a medical card, prosecutors can charge you if you're driving high on the road or get in a wreck.

More than 350,000 Oklahomans have medical marijuana cards, and law enforcement officers said many of those people don't understand the law.

“State law says DUI marijuana is any detectable amount, and depending on use, it can remain detectable in your system for 30 days," said Officer Craig Heatherly. 

Tulsa Police Officer Craig Heatherly said he pulls over high drivers all the time, and he says many don’t realize that just because they’re using marijuana for medical purposes, it’s still illegal to drive after taking it.

Tulsa County DA Steve Kunzweiler said prosecuting DUI drugs or proving a crash was caused by drug use can be more complicated than just having THC in your system.

“I, as a prosecutor, am going to say, give me something beyond that blood test," Kunzweiler said. 

That might include police reporting erratic driving, going too slow or fast or other obvious signs like somebody admitting they just took marijuana.

"Don't be out there driving while you're incapable," he said. 

DUI defense attorney Sabah Khalaf said the testing for marijuana can be flawed, and often, police officers perform tests in the field that only work for alcohol.

He said the blood tests we use in Oklahoma also don’t say how much THC is in your system and can only show if it’s present at all, even if you smoked or used weed weeks ago and are not high anymore.

The DA said no matter which substance people use, whether it be alcohol, prescription drugs, or marijuana, the roads are safer if you get a ride or drive sober.