Recreational use of cannabis is still illegal in Oklahoma; Oklahoma law, like federal law, still counts cannabis as a Schedule I controlled substance, meaning that it is always illegal and does not have any legally recognized medical uses. Despite this, Oklahoma has allowed medical use of cannabis and implemented rules about the possession and acquisition of medical cannabis, as have many other states. Therefore, there are some instances in which you can possess or buy small quantities of marijuana without fear of criminal prosecution. Driving under the influence of cannabis is still against the law, even if the driver possessed the cannabis legally. There are more legal gray areas about what counts as cannabis intoxication and how to measure it than there are with alcohol intoxication. If you are facing criminal charges for driving under the influence of cannabis or another controlled substance, contact a Tulsa drug charge lawyer.

Penalties for Driving Under the Influence of Cannabis in Oklahoma

Oklahoma law treats driving under the influence of intoxicating substances the same way, regardless of whether the substance in question is alcohol or an illicit drug, such as cannabis. The following penalties apply if you are convicted of driving under the influence of cannabis in Oklahoma:

•   For a first offense, you must complete a substance abuse screening program. The court can also impose a fine of up to $1,000, and you can get a jail sentence that ranges from ten days to one year.
•   If you get another conviction within ten years, it counts as a second offense, but if at least ten years have passed, the penalties are the same as they would be for a first offense. Second offense cannabis DUI is a felony, punishable by a maximum fine of $2,500. You can also get a prison sentence that ranges from one to five years.
•   For a second DUI felony, you must install an ignition interlock device on your car, perform 240 hours of community service, and undergo substance abuse treatment at your own expense.
•   For a third DUI felony, the fine can be as high as $5,000, and the prison time can be as long as 20 years. You must also complete 480 hours of community service, undergo regular drug testing at your own expense, and install an ignition interlock device.

The Trouble With Cannabis Breathalyzers

If you get charged with cannabis DUI, a breathalyzer cannot prove as easily that you were high as an alcohol breathalyzer can prove that you were drunk. There is no established legal limit for the concentration of cannabis metabolites in your blood, and cannabis metabolites remain detectable in a person’s breath long after the intoxication has passed, remaining detectable for months. Another big difference with cannabis DUI cases is that, if there are drugs in your car, you can also get charged with drug possession.

Contact Tracy Tiernan About Criminal Defense Cases

A criminal defense lawyer can help you if you are facing criminal charges for driving under the influence of cannabis or other illegal drugs.  Contact Tracy Tiernan in Tulsa, Oklahoma, to discuss your case.