Most people associate DUI charges with alcohol, but in Oklahoma, you can also be arrested and charged with DUI for marijuana use—even if you’re a registered medical marijuana patient. Unlike alcohol, marijuana can stay in your system for days or even weeks, which makes these cases more complex. If you’re facing charges, here’s what you need to know to protect your rights and your future.
Is It Illegal to Drive After Using Marijuana in Oklahoma?
Under Oklahoma law, it is illegal to operate a motor vehicle while under the influence of any intoxicating substance, including marijuana.
The key issue is whether your use of marijuana impaired your ability to safely drive. Prosecutors don’t have to prove you were “high” in the way they do with alcohol—only that you were affected enough that it impaired your physical or mental faculties while driving.
What If You’re a Medical Marijuana Patient?
Even if you have a license to use marijuana for medical reasons, you can still be charged with DUI. Your medical card gives you the right to possess and use marijuana lawfully—but not to drive while impaired by it.
Think of it like a prescription for pain medication. You can legally take it, but you can’t drive if it affects your ability to operate a vehicle safely.
How Are Marijuana DUIs Proveable?
Marijuana DUI cases are often based on:
- Officer observations, such as slurred speech, red eyes, or the smell of marijuana
- Field sobriety tests (which may be unreliable for marijuana impairment)
- Statements you make to police
- Blood or urine tests showing THC or its metabolites
- Drug recognition expert (DRE) testimony
It’s important to know that THC can stay in your system long after the effects have worn off. That means you could test positive even if you weren’t impaired at the time you were driving.
What Are the Penalties for DUI Marijuana in Oklahoma?
The penalties for a marijuana DUI are the same as those for alcohol-related DUIs:
First Offense (Misdemeanor)
- Up to 1 year in jail
- Fine up to $1,000
- License suspension
- Mandatory DUI school and drug/alcohol assessment
- Possible ignition interlock device
Second Offense (Felony if within 10 years)
- 1 to 5 years in prison
- Fine up to $2,500
- Lengthier license suspension
- Substance abuse treatment requirements
Third Offense or More
- Felony charges
- 1 to 10 years in prison
- Up to $5,000 in fines
- Long-term license revocation
Just as with alcohol DUIs, the offense can be either a felony or a misdemeanor.
Claremore DUI Defense Attorneys
If you or a loved one is facing DUI marijuana charges, our Rogers County criminal defense attorneys not only navigate the legal process for you, but also work to keep the charge off your record. For a free consultation with an attorney at Kania Law – Claremore attorneys‘ law office, call 918-379-4872 or click here to ask a free online legal question.
