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Attorneys Stephen G. Fabian Jr. and Brian P. Young

Is it illegal to drive after taking medical marijuana?

On Behalf of | Mar 15, 2021 | DUI - Prescription Drugs |

Oklahoma might have legalized medical marijuana, but it’s still illegal to drive under the influence of drugs. Even if you have a prescription from a doctor, medical marijuana could still impair your judgment, reaction time and decision-making abilities. As a result, the police might arrest you if they catch you driving under the influence of marijuana.

What if a doctor prescribed medical marijuana?

In the state of Oklahoma, it’s illegal to drive under the influence of any substance that impairs the ability to drive. Even if you took a prescription drug, the police could still charge you with DUI. Before you start taking any medication, ask your doctor if it will impair your judgement and reactions.

How do police test for marijuana use?

If you appear to be driving erratically, the police might pull you over and order you to take a sobriety test. In the case of marijuana, the police will take a saliva sample. They’ll use this test to determine whether you have cannabis in your system. The test can also detect other drugs like meth and heroin. If you have cannabis in your system, the police might charge you with DUI.

Mounting a legal defense

Unlike driving under the influence of alcohol, the state doesn’t have rigid laws about driving under the influence of medical marijuana. If you’re caught drinking and driving, the police can charge you with DUI if your blood alcohol content (BAC) is 0.08 or more. However, the state doesn’t have a similar number for marijuana use. As a result, the prosecution might have trouble proving that you were driving while impaired. A criminal defense attorney could help you prepare a defense against the charges. An attorney might be able to cast doubt on the accusation that medical marijuana impaired your ability to drive.