Oklahoma’s open container laws for medical marijuana require drivers to keep medical marijuana sealed and stored somewhere they cannot get to it while driving. Drivers who violate this law could face serious penalties if arrested. In these situations, an Oklahoma City drug crimes lawyer is important for ensuring a strong defense strategy.
Oklahoma’s Open Container Law Now Addresses Medical Marijuana
At the end of last year, Oklahoma’s legislature passed a bill that reviewed the open container law that formerly just addressed alcohol. The revised version mandates that drivers are not to consume marijuana while simultaneously operating a vehicle. If a driver has medical marijuana, it must be sealed and out of reach. If a driver is in violation of the open container law, a medical marijuana card is insufficient for avoiding arrest or potential charges.
Additionally, the revised open container law also specifies that drivers must not inhale secondhand smoke while driving. This means that other occupants are not allowed to smoke in a vehicle either.
Offenders Could Face Steep Penalties for Violating Open Container Laws
If you are arrested for violating Oklahoma’s open container laws, you could include a fine of up to $500 and a maximum of 6 months in jail. The revised bill also requires offenders to pay a $250 assessment fee into the Trauma Care Assistance Revolving Fund. Penalties may also increase for offenders who have multiple open container violations on their record.
Possible Defenses for Medical Marijuana Open Container Law Violations
If you have been arrested and charged with a medical marijuana violation, you need a strong defense strategy to fight the charges against you. Criminal charges on your record can affect your life beyond any initial sentencing and penalties. To avoid this, a lawyer can work diligently to get your charges reduced or dismissed. Some defenses that may be used in your case may include:
- Location of the product: This defense argues that medical marijuana was in a location that the driver could not reasonably access while driving, and is not in a part of the vehicle prohibited by law.
- Closed container: This defense states that the medical marijuana package was sealed or unused by the driver and therefore does not violate open container laws.
- Procedural violations by law enforcement: This defense can be used if police officers did not have reasonable cause to stop you or did not follow proper protocols when stopping you. Additionally, if evidence was mishandled, then it may not be able to be used in your case.
- Lack of knowledge: Lawyers can use this defense if you were not aware that there was medical marijuana in the vehicle and you had no reasonable way of finding it out.
These and other strategies may be chosen based on the specific factors involved in your case. The lawyer representing you can customize your defense strategy so they can effectively fight the prosecution’s case against you.
Consult an Experienced Lawyer if You Have Been Charged
Oklahoma is cracking down on drug and alcohol use while driving, and the new open container laws take a much stricter stance on these activities. If you have been arrested for an open container offense, consult Josh Lee & Associates. We can assess the merits of your case and work diligently to defend you. To get started, contact us for a free consultation.
