Oklahoma Court Urges Legal Change to Prosecute Pregnant Medical Cannabis Users

The Oklahoma Court of Criminal Appeals ruled that women with state medical marijuana cards who use marijuana during pregnancy cannot be prosecuted for child neglect. This decision came in the case of Amanda Aguilar, who had been fighting felony child neglect charges since 2020. Aguilar, who used medical marijuana to manage severe morning sickness, was initially reported to child welfare workers and charged after her son tested positive for marijuana at birth.

Legal Precedent and Legislative Call

The ruling sets a significant legal precedent in Oklahoma, where there has been increasing concern over child neglect charges related to medical marijuana use during pregnancy. The court stated that while it does not condone marijuana use by pregnant women, the use was legal under Oklahoma’s medical marijuana laws. The court urged the Legislature to consider amending the law to allow for prosecution in such cases.

Dissenting Opinions and Ongoing Legal Challenges

Two judges dissented, arguing that the law’s intent was to prevent unborn children from being exposed to marijuana. This case highlights ongoing legal challenges faced by pregnant women using medical marijuana and underscores the need for legislative clarity. Similar cases in Kay County have been dismissed on the grounds of legality, yet local district attorneys continue to pursue such charges.

Impact on Affected Families

Aguilar expressed relief that the ruling could benefit other mothers facing similar legal battles, noting that many women are pressured into accepting plea deals due to financial constraints and fear of prosecution.