405-778-4800
The Law Offices of Adam R. Banner, P.C. Adam R. Banner EXPERIENCED CRIMINAL DEFENSE
 
 

Despite Medical Marijuana License, Oklahoma Woman Charged with Drug Possession

22-Oct-2018

An Adair County mother has been charged with illegal possession of marijuana, despite having a medical marijuana license that allows her to lawfully possess up to three ounces of marijuana.

Regina Gist, 49, was pulled over late last month for having a broken brake light. When the officer asked her if she had "anything on" her, Gist replied that she had a medical marijuana license and a "little bit" of marijuana in her possession. The woman believed that she was in legal possession of the drug in accordance with the terms of her license.
The officer, however, believed differently. According to the officer, Gist was not able to have lawfully obtained the marijuana since there were currently no dispensaries operating in Oklahoma, and therefore, her possession of the marijuana was illegal in his opinion. Gist was arrested and charged with illegal marijuana possession.

The woman's defense attorney, however, argues that there is nothing illegal about his client's possession of the drug. According to him, state law says that she must have a medical marijuana license to possess up to three ounces marijuana. He argues that Gist met those legal requirements. He furthers, "Nowhere does it say you have to get it from the dispensary, you have to get it from XYZ. So with that language controlling, it’s our position they have no basis to charge her.”

The Adair County district attorney's office seems to be somewhat flummoxed by the case as well. An assistant district attorney says the law is "all new" to her, and until she can get more clarification on the law, the district attorney's office will continue to move forward with the case against Gist. She says that after she has researched the law, she may ultimately dismiss the charges.

State Question 788 and the resulting law is a document that is several pages long. In this document, the law makes stipulations for the obtaining of a medical marijuana license, how much marijuana a person may lawfully possess under the terms of the license, and requirements for obtaining a license to cultivate, distribute, and sell through wholesale or retail. The law says who may legally sell marijuana, but it does not make stipulations for penalties or criminal prosecution for a medical marijuana license holder buying from someone other than an authorized Oklahoma dispensary. 

The medical marijuana laws were relatively easy to change once they were put to a vote of the people. Attitudes about marijuana, however, may be slower to adapt. For this reason, we may continue to see the criminalization of marijuana possession even among those in lawful possession.



All News

More News

State Board of Corrections Approves DOC 2020 Budget Request

05-Nov-2018

The Oklahoma Department of Corrections intends to ask the state le..

Despite Medical Marijuana License, Oklahoma Woman Charged with Drug Possession

22-Oct-2018

An Adair County mother has been charged with illegal possession of..

Putnam City West Teens Accused in Locker Room Assault

07-Oct-2018

Recent cases have revealed that locker room antics once perceived ..

Former State Senator Sentenced to 15 Years for Child Sex Trafficking

22-Sep-2018

A federal judge sentenced former Oklahoma senator Ralph Shortey to..

Oklahoma Cities Adjust Ordinances after Medical Marijuana Legalization

30-Aug-2018

After the passing of State Question 788, the law allowing medical ..

Oklahoma Dept. of Corrections Denies Death Penalty Protocol "Deadline"

13-Aug-2018

Oklahoma, the state that invented lethal injection, continues to b..

Lincoln County Abuse Case Has Some Calling for Home School Reform

28-Jul-2018

The case of a 15-year-old boy rescued from a family farm near Meek..

Oklahoma Health Department Seeks Legal Advice after Amending Medical Marijuana Rules

17-Jul-2018

When Oklahomans passed State Question 788 last month, they left th..

No Special Session Necessary after Passage of Medical Marijuana in SQ 788

30-Jun-2018

Just a week and a half after announcing that a special session of ..

New Oklahoma Liquor Laws to Take Effect in October

14-Jun-2018

It's summertime in Oklahoma. The temperatures are soaring and peop..

×