THE OKLAHOMA BAR JOURNAL 18 | MAY 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. marijuana is a Schedule I drug and illegal federally, any trace amount of marijuana or its metabolites in bodily fluid is enough to trigger a DUI arrest, regardless of intoxication or impairment.8 The main psychoactive ingredient in marijuana is Delta-9tetrahydrocannabinol, commonly known as THC.9 Because THC is fat soluble, it remains in the body long after the psychoactive effects have worn off.10 In fact, THC can stay in the body for 30 days after consumption, long after impairment.11 A National Institute for Justice report conducted in April 2021 found that marijuana’s cognitive and psychomotor effects, those that indicate potential impairment, returned to baseline after four to eight hours.12 Another study suggests that common field sobriety tests administered by officers lack sensitivity to cannabis impairment.13 These field sobriety tests were created to detect alcohol impairment, not cannabis impairment.14 This study provides further evidence that field sobriety tests and biological concentrations of THC (in the blood) may have limited capacity to identify individuals who are intoxicated from cannabis.15 But in Oklahoma, THC presence in the blood is often used to convict, regardless of a prescription or actual intoxication. Smoking marijuana on Friday can lead to a DUI arrest on Monday – or the next Monday or longer – even when there is no impairment. THE FIREARM OWNER Fred is an average Oklahoman who enjoys outdoor activities, especially those involving firearms. He is an avid deer hunter, skeet shooter and connoisseur of collectible guns. After a hunting accident, Fred’s physician prescribed him a medical marijuana card. He uses this prescription to combat the persistent chronic back pain he has endured since the accident. Fred decided to buy himself a new Ruger rifle for the upcoming deer season. When Fred went to register his new gun, he filled out the form like he had numerous times in the past. However, this was the first time he had registered a firearm after being prescribed medical marijuana. When the form asked if Fred used any drugs or illegal substances, he instinctually marked “no.” Fred could be charged with a federal felony for his answer. Under our federalist government system in the United States, there can be conflicts of law between a state statute and the federal code. The current federal government code classifies marijuana as a Schedule I drug.16 Even though Fred was issued a medical marijuana card in Oklahoma, where medical marijuana is legal, he has violated federal law by possessing a Schedule I drug, i.e., marijuana, and indicating he did not use drugs on his federal gun registration form.17 Federal law preempts state law based on the federal Constitution’s supremacy clause.18 Fred’s ignorance of the conflicting federal and state laws could result in him being charged with a crime and facing up to 10 years in federal prison.19 THE CANNABIS FARMER John owns 100 acres of land in rural Oklahoma. John applied for and was issued a license to grow medicinal marijuana on a small portion of his land by OMMA and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD). As John’s license’s expiration grew closer, he began the renewal process with OBNDD. John made numerous attempts to contact the agency to see what he needed to do to comply with the renewal process but never received a response. His license ultimately expired. OBNDD requires an inspection of the land used to grow in the renewal process. As the license renewal process slowly
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