Anyone on probation in Oklahoma and using medical marijuana needs to check with their district attorney’s office beforehand or they could be facing jail time.
The confusing interpretation of the law is causing issues for many who thought medical marijuana could help them.
“I have severe arthritis, lupus and bad depression and anxiety,” Wanda Faull said.
Wanda Faull seems to be just the kind of person that medical marijuana in Oklahoma was intended to help. And she was looking forward to getting her license next week. But what Wanda found out today, is because she's on probation in Rogers County, she won't be able to use medical marijuana for her debilitating diseases.
Wanda doesn't see the logic.
“I think it's better than taking all the pills they prescribe, pain pills,” she said.
So far, the district attorneys in Oklahoma's 77 counties, like Tulsa, Noble and Kay have said they will honor anyone on probation who has a legal medical marijuana license and not file any further charges against them if they test positive.
But just as many other districts like Rogers, Craig and Mayes have decided that anyone that tests positive for marijuana while on probation in their county will return to jail or prison, despite the state law approving it.
Attorneys like Dale Ellis say it's not what Oklahoma voters approved.
“Oklahomans pretty strongly said we want this,” Ellis said. “And I think for elected officials to go against the will of the voters is wrong. They're there to enforce the law whether they like it or not.”
Matt Ballard, the district attorney in Rogers County, didn't want to go on camera with us, but he is just one of several district attorneys around the state who feel like people who are on probation have violated the law and they should live up to the federal and state laws that are already in place.
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