Law punishes drivers with trace amounts of marijuana

Schedule I Drugs in Oklahoma

Drivers in Oklahoma with any traceable amount of Schedule I drugs, which includes marijuana, in their system could be arrested for a DUI under a law that took effect a month ago.

According to 47 O.S. § 11-902 it is unlawful for any person to drive or be in actual physical control of a vehicle who has any amount of a Schedule I chemical or controlled substances, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s blood, saliva, urine or any other bodily fluid at the time of a test of such person’s fluids administered within two hours after the arrest of such person.

Sources found in public news coverage about the law are concerned about some of its consequences. For example, in this KOCO.com story, one driver said he was concerned that the law could punish someone for doing something several days ago, as drugs like marijuana can remain in the system for many days.

Also, in this Newson6.com story, an attorney points out the law punishes people who legally smoke marijuana in another state and later travel through or return to Oklahoma.

Andrea WordenComment