Can You Get a Medical Card With a Felony in Oklahoma
Hire an Attorney if Charged with Marijuana Criminal offense
Video Transcribed: Iii magic words to make a misdemeanor marijuana charge disappear in Oklahoma. That's right. I'yard Oklahoma attorney James Wirth and I'chiliad about to tell y'all the way that ii laws that went into effect around the same time, tin work together to make a medical marijuana charge disappear by stating iii magic words.
All right, so this occurred 2018. We had ii things going on about the same time. We had both the movement regarding medical marijuana and we had a motion regarding criminal justice reform.
So the commencement one came in the form of the initiative petition a 788. It became state question 788 and that passed and it's got a provision regarding elementary possession of marijuana and I'll read it to y'all here. It says, possession of up to one and a half ounces of marijuana past a person who can state a medical condition, but non in possession of a state issued medical marijuana license, shall constitute a misdemeanor offense with the fine not to exceed $400.
So with that, possession of marijuana went from a misdemeanor with up to a year in jail to, if you tin can state a medical condition, a maximum of $400, and then long every bit you lot merely have i and a half ounces or less. That's according to the statute is a little over 40 grams.
And then that's the first office of it but that'due south not enough by itself. Nosotros've got the 2nd part of information technology and that is the new expungement statute that went into effect and it basically says that if you're charged with a misdemeanor, y'all get a conviction on that, but you don't get any jail fourth dimension, don't get a suspended sentence and the fine is under $501 and you don't take other cases or felony confidence, that information technology's eligible for immediate expungement.
So those two things working together, you lot've got a one and a one-half ounces, you're cited with that, you state a medical status; that's the three magic words. I have, country the condition. Oklahoma hasn't listed what the conditions need to be.
Other States have things such as PTSD, anxiety, glaucoma, seizures Tourette's Syndrome, all kinds of conditions tin can qualify you for medical marijuana license and other states. In Oklahoma, equally long as you have a doctor's referral, it doesn't matter what the condition is.
So the statute doesn't say what condition you have to name, information technology doesn't even say y'all take to have that condition or exist diagnosed with that condition. It just says if you lot state it maximum, fine $400. So, state a condition, pay the fine of $400, then under the other statute, you're immediately eligible to file to get information technology expunged.
That erases the courtroom tape and the arrest record if at that place is ane and and so based nether Oklahoma law, once you lot get a Section xviii expungement, the event never occurred.
And then in Oklahoma, right now based on the plain reading of these ii new laws, if yous state those 3 words I accept, so it basically tin magically get abroad. Merely if you're in this circumstance yourself, you lot don't want to take this general data. You lot're going to desire this specific advice to your circumstances that only an Oklahoma attorney tin can provide.
If you lot want to talk to me for a consultation, go to makelaweasy.com.
Tags: expungement
Source: https://www.wirthlawoffice.com/tulsa-attorney-blog/2020/04/3-magic-words-to-make-a-marijuana-charge-disappear-in-oklahoma
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