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Home » Blog » I have a medical marijuana card. Can I get a charge of Driving Under the Influence?

I have a medical marijuana card. Can I get a charge of Driving Under the Influence?

May 6, 2025
David P Henry

The short answer, yes. Since January of 2022, 400,000 medical marijuana cards have been issues in Oklahoma. Some people believe they cannot get a DUI because they have a state card. However, a charge of driving a vehicle under the influence of drugs (marijuana) happens daily. When a police officer has a suspicion you are driving a vehicle in an unsafe manner, they can stop you to investigate. If you have bloodshot eyes, slow or slurred speech, or other indicators that you are under the influence of something, they may investigate further. If they do not smell alcohol, they will ask about drugs. If they believe you are a marijuana user, or volunteer your card, he will ask you to take a blood test. If you agree, and are a user of marijuana, THC will show up in your results.

Under Oklahoma law, there is no quantification of the THC results that is acceptable. ANY amount of THC is unacceptable. Compared to alcohol, if your test result is over the state level of .08%, the state will charge you with DUI. Since marijuana stays in your blood for a lengthy period, you have may smoked two days ago, but the test results show you positive for THC. The state may take your driver’s license, and you may be prosecuted for DUI/drugs. 

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