Oklahoma lawmaker among those concerned for marijuana patients after recent court ruling | Marijuana in Oklahoma

The Tulsa police have not yet returned a request for comment on the court ruling. Sarah Stewart, a spokeswoman for the Oklahoma Department of Public Safety, said Friday the agency would not comment, but an Oklahoma Highway Patrol leader said the verdict “confirms exactly what we are doing today.”

For those without a patient card who can claim a medical condition, state law provides that the penalty for possession of cannabis is a fine but not a prison term. Others can still be sentenced to prison terms based on laws created after State Question 780 was passed, Fetgatter said.

“(My bill for adult use) is still eligible to be heard at the next session, but in my opinion there is no appetite in the legislature to bill for adult use until we see the nefarious activities in our rural communities with the medical, “he said, referring to a series of raids on the Oklahoma Bureau of Narcotics.

“To be clear, an adult application doesn’t fix the problem of people being stopped in their cars with the smell of burned or unburned marijuana. That has to be something regulated in the DUI laws that I’ve tried to work on in the past, and I’ve actually received a lot of headwind from industry activists. “

In a brief concordance in Roberson’s case, Judge Robert Hudson said that the “admitted presence or smell” of cannabis “must remain a factor indicative of criminal activity” even though state law allows its medicinal use. However, Tulsa-based attorney Ron Durbin, who has multiple clients in the cannabis industry, said he feared the opinion would be broad enough that it could be used to argue that the smell or presence of cannabis alone is one Signs of a crime is occurring.