Denver, CO asked in DUI / DWI for Oklahoma

Q: I got arrested for a dui over 6 months ago and it says they’re gonna drug test me i have my medcard can i smoke marijuan

due to covid i haven’t been able to get a court date or start a probation time and it’s been so long i feel as if i’m supposed to be covered by the medcard

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2 Lawyer Answers
Andrea Worden
Andrea Worden
Answered
  • DUI & DWI Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: If you are on probation, you generally agree to not use drugs. As far as medical marijuana, you must address this issue with your probation office.

Tracy Tiernan
Tracy Tiernan
Answered
  • DUI & DWI Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: It is a big chaotic circus right now with different counties implementing different rules relating to the medical marijuana issue and probation. It sounds like you haven’t waived your trial rights or been placed on probation yet which is good. Most judges appreciate when you’re upfront with them if it looks like you are going to fail your first drug test. Your attorney should be able to talk to the state about the issue of a medical marijuana card and whether you’re allowed to use medical marijuana while on probation.

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