In a recent decision last Thursday, the Oklahoma Court of Criminal Appeals ruled that women with state-issued medical cannabis cards cannot face prosecution for child neglect if they use medical marijuana during pregnancy, based on current laws. This ruling signifies a shift in the legal landscape for medical cannabis patients and has far-reaching implications for both healthcare and legal systems in Oklahoma.
The Case of Amanda Aguilar
Amanda Aguilar, a 34-year-old single mother of five, was at the center of this legal battle. Charged with felony child neglect in Kay County in 2020 after her newborn son tested positive for marijuana, Aguilar fought her case for nearly four years. Aguilar used medical marijuana, prescribed to alleviate severe morning sickness during her pregnancy. Despite possessing a state-approved medical marijuana license, the hospital reported her to child welfare workers, resulting in criminal charges.
Court’s Ruling On Medical Marijuana Use During Pregnancy
The court’s decision, first reported by The Frontier, delivered in a 3-2 ruling written by Presiding Judge Scott Rowland, emphasized that Aguilar’s use of medical marijuana, fully authorized by her medical card, did not constitute illegal activity. The judgment suggested that for the courts to deem her actions illegal due to her pregnancy, there would need to be a statutory rewrite, which the judges felt was beyond their purview.
Rowland’s opinion highlighted the blurred lines created by Oklahoma’s medical marijuana laws and around the country, where marijuana remains a Schedule I drug but licensed individuals can legally possess and use it.
New Legal Precedent?
The ruling has set a new legal precedent in Oklahoma, impacting a growing number of women who have faced child neglect charges for using medical marijuana during pregnancy. Outlined by The Frontier and The Marshall Project earlier this year, it was revealed that most women being prosecuted cannot afford their own attorneys. These cases largely depend on information gathered by child welfare workers. The majority of women accept plea deals in exchange for probation.
“I might have actually laid down if this had been a fight over any other thing else,” Aguilar said on Thursday after learning the court had ruled in her favor via The Frontier. “But because it was over my kids, that was the reason I didn’t give up.”
The court’s decision also called for legislative action to address the issue more comprehensively. Judges Rowland and Lewis, who dissented, argued that the intent behind medical marijuana laws was not to expose unborn children to cannabis. They urged the Legislature to consider amending the law to allow for criminal charges in such cases, a move that would clarify the legal status of medical marijuana use during pregnancy.
The Oklahoma Court of Criminal Appeals’ ruling in favor of Amanda Aguilar highlights the complex interplay between medical marijuana laws, healthcare, and legal systems. While the decision protects the rights of licensed medical marijuana patients, it also underscores the need for ongoing legislative review to address potential gaps in the law.
For women like Aguilar, the ruling offers relief and sets a precedent for others facing similar charges. However, the broader implications for public health and legal systems necessitate careful consideration and informed decision-making by all parties involved involved.
