Court Rules: Medical Cannabis Use During Pregnancy Isn’t Neglect

Oklahoma Court Rules Medical Cannabis Use During Pregnancy Not Grounds for Child Neglect Charges

In a landmark decision, the Oklahoma Court of Criminal Appeals ruled last week that authorized patients who consume medical cannabis while pregnant cannot be criminally prosecuted for child neglect. The court’s majority opinion clarified that the felony crime of child neglect applies only to instances where a child is exposed to “illegal drugs,” and that cannabis, when prescribed by a state-licensed physician, does not fit this definition.

Legal Background and Court’s Ruling

Oklahoma has permitted the medical use of cannabis since 2018. The court emphasized that the terms “controlled dangerous substance” and “illegal drugs” are not synonymous, as the former encompasses numerous prescription medications that are lawful when obtained through proper legal channels. In this case, the defendant possessed a valid medical marijuana card, which legally authorized her use of cannabis.

“The terms ‘controlled dangerous substance’ and ‘illegal drugs’ are not synonymous,” the justices wrote. “The former includes hundreds of prescription drugs which, like marijuana, are lawful to possess only with a prescription or other legal authorization. … It is undisputed that [the defendant] had one. … Hence, … an expectant mother’s licensed possession and use of medical marijuana would not trigger an automatic finding of neglect for failure to protect her unborn child from exposure to illegal drugs because to her, marijuana, is not an illegal drug.”

The court further asserted that to reinterpret the statute to include licensed medical cannabis use during pregnancy as child neglect would overstep judicial authority and improperly expand the law.

Dissenting Opinion and Broader Context

Two justices dissented from the majority opinion, reflecting ongoing legal and ethical debates surrounding cannabis use and pregnancy. However, the majority ruling aligns with a recent decision by the Arizona Appellate Court, which also concluded that physician-authorized marijuana use by a pregnant woman does not constitute child neglect. This decision was later upheld by the Arizona Supreme Court.

Implications and Future Considerations

This ruling has significant implications for medical cannabis patients in Oklahoma, particularly expectant mothers who use cannabis for medical reasons. It also underscores the legal distinction between controlled substances and illegal drugs, emphasizing the importance of legal authorization in defining the legality of substance use.

In recent years, there have been several cases in Alabama and Oklahoma where prosecutors pursued charges against women for using cannabis during pregnancy. These cases highlight the need for clear legal guidelines and protections for medical cannabis users, particularly in the context of evolving state laws and societal attitudes towards cannabis.

The Oklahoma court’s decision may influence future legal interpretations and legislative actions regarding the use of medical cannabis, both in Oklahoma and potentially in other states. As medical and recreational cannabis laws continue to evolve across the United States, this ruling provides a critical precedent for distinguishing between lawful medical use and illegal drug use in legal proceedings.

The Oklahoma Court of Criminal Appeals’ ruling represents a significant legal clarification regarding the status of medical cannabis use during pregnancy. It affirms that, under current Oklahoma law, authorized use of medical cannabis is not grounds for child neglect charges. This decision not only provides legal protection for medical cannabis patients but also contributes to the broader discourse on the regulation and perception of cannabis in the United States.