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Oklahoma Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but....

My Po says I can't? Does he have the right to deny me that right?

Tracy Tiernan
Tracy Tiernan
answered on Nov 16, 2023

I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many... View More

1 Answer | Asked in Employment Law, Cannabis & Marijuana Law and Employment Discrimination for Oklahoma on
Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.)

The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How... View More

Charles Watts
Charles Watts
answered on Apr 26, 2023

In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that... View More

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: i live in Oklahoma City an hold an OMMA weed card. can uhg recind a job offer because of?

its a remote job for telephone work

James L. Arrasmith
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answered on Mar 26, 2024

In Oklahoma, the legal landscape surrounding medical marijuana and employment can be complex. If you hold a valid Oklahoma Medical Marijuana Authority (OMMA) card, you're protected under state law against discrimination for solely being a cardholder. However, employers still have the right to... View More

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: Can you be a lawyer and still have a medical card as long as you don't use on the job?
James L. Arrasmith
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answered on Mar 26, 2024

You can be a lawyer and possess a medical card for cannabis use, as long as you comply with the laws and regulations of the jurisdiction where you practice law. The critical factor is to ensure that your use of medical cannabis does not impair your ability to perform your duties as a lawyer. Each... View More

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Oklahoma on
Q: I have a first offense dui, I am in Cleveland county Oklahoma, am I allowed to continue using OMMA medical card?

My Dui was under alcohol and had nothing to do with drugs.

Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2022

The freedom to use one’s medical marijuana cards to ingest medical marijuana while someone is on any type of criminal probation in the city or County courthouses throughout the state of Oklahoma is a confusing mess.

Well many probation officers and Judges DO allow the use of medical...
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1 Answer | Asked in Native American Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can a city cop conduct a traffic stop and search the vehicle of a tribal member on tribal land?

He said he had probable cause but they all say that and that he was allowed to search the vehicle. He found a bowl worth of marijuana and threatened me with a felony cause he told me since I'm a tribal member on tribal land it's a felony to have marijuana

Charles Watts
Charles Watts
answered on Feb 22, 2022

It depends on the agencies. There are agencies that are cross-commissioned which means the “city” cop may also be a tribal cop as well.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: I had a misdemeanor possession of marijuana arrest in 1972. Sentence was deferred and completed successfully.

Record was expunged and sealed. I'm trying to get arrest and/or court records now but the arresting agency and county clerk of the court have no records. The arrest still shows up on my national background check but without any related charges or court decisions. How can I get that info?

Tracy Tiernan
Tracy Tiernan
answered on Oct 21, 2021

That was a long time ago. I’m guessing you might have trouble locating your attorney but that’s always the first place to start. There are different types of expungements under Oklahoma statutory law. Sounds like maybe you only took the expungement granted by the Court (Judge) but might not... View More

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: Is it legal in Oklahoma to smoke marijuana in front of minors?

I know a family that I’ve been told is doing this.

I don’t have personal knowledge, but I’m concerned.

Charles Watts
Charles Watts
answered on Oct 17, 2021

With the passing of medicinal marijuana this question becomes very interesting. A medical user can use anywhere that smoking is permitted. (In other words can’t smoke indoors where smoking of cigarettes would be prohibited)

Additionally, there are minors who also have medicinal marijuana...
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1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... View More

Charles Watts
Charles Watts
answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: In Oklahoma if you’re on probation can you still have your medical marijuana card?
Tracy Tiernan
Tracy Tiernan
answered on Aug 13, 2021

There is not one answer as it differs from County to County, and Judge to Judge. There are instances where all judges will allow medical marijuana use during probation except for one.

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: DA says no medical Marijuana for probationees..do probation conditions out rule state law?

I am on probation and have had my medical Marijuana card for a year but District attorney says no more. It's against probation rules to violate federal law which Marijuana does. Can they do that when it is medical and state says I can?

Charles Watts
Charles Watts
answered on Jun 21, 2021

The medicinal marijuana is a license granted by the state just like a driver license and can be revoked. Your probation officer is correct that it is still federally prohibited and thus would be violation of payroll because in that condition you are to not violate any laws not just state. He/she is... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Oklahoma on
Q: 1st time offender sentenced for marijuana in 2010 it has been 10 years had deferred sentence 10/25, can I file expunge

1st time offender charged with trafficking marijuana completed parole issue free have 25 deferred. Can I qualify for expungement? In Oklahoma

David A. Cincotta
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answered on Oct 23, 2020

You say you have 25 deferred. Do you mean suspended? It looks like from the title of your question (by your use of 10/25) that you received maybe a 25-year sentence with the first 10 years to serve for trafficking marijuana, and you were paroled at some point while serving the 10 years, is that... View More

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: If someone us currently fighting a possession of marijuana with intent and child neglect charge what do they do

This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license

David A. Cincotta
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answered on Aug 5, 2020

The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence... View More

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: i got possession of marijuana and minor possession of tabacco and i was just wondering what my consequences might be

This is my very first offense of any kind

Tracy Tiernan
Tracy Tiernan
answered on Jan 4, 2020

There are a lot of different variables that could affect the path your case tales. With no prior convictions you’re much more likely to have a very favorable resolution that you have had previous runnings with law-enforcement or juvenile authorities. . You need to consult a criminal defense... View More

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