Attorney Calls For Change In Medical Marijuana And Driving Laws

Attorneys said there are still major issues with the way marijuana use while driving is prosecuted, even though marijuana use became legal here five years ago.

Sabah Khalaf defends clients with DUIs because he believes people deserve a second chance.

He said when it comes to medical marijuana and getting behind the wheel, the law needs to be changed.

Oklahoma voters legalized medical marijuana five years ago.

“Cannabis is a solution for pain and anxiety for so many other conditions," said Sabah Khalaf with Khalaf Law Firm. 

He said the law is still catching up.

Officers said they see people driving high all the time and say some people are under the misconception that it's okay to smoke and drive if they have a medical marijuana card.

"A lot of people have gotten medical licenses; however, it does not give them the right to drive," said Tulsa Police Officer Craig Heatherly. 

Khalaf said THC, not marijuana, is what shows up in a blood test if you’re pulled over and presumed to be driving high.

“Here, we have a threshold for alcohol, which is 0.08 or greater. We don’t have a threshold for marijuana," he said. "Colorado has a threshold for marijuana-- it's five nanograms.”

He says law enforcement officers don’t have a way to prove you’re driving under the influence since many officers use the field sobriety tests used for alcohol, and in Oklahoma, we don’t have a way to quantify how much THC is in someone’s system.

He said if a blood test comes back positive for THC, that is not proof that someone was high while driving since it can stay in the system for a long time.

He now tries to educate prosecutors, judges, and other lawyers on DUI relating to marijuana, and he says things have improved, but there's a long way to go.

“They're doing their job. They want to keep the streets safe," he said. "I never want to encourage people to drive if they’re not safe doing it.”

Tulsa County District Attorney Steve Kunzweiler said charges aren't just about the THC level in someone's blood, but other factors, like if people saw them driving erratically or they admitted smoking then driving.