OKLAHOMA CITY - You've always been able to get a DUI, driving under the influence, for marijuana in Oklahoma, but how will the passage of 788 change that?
A prominent DUI attorney says a doctor's note to smoke pot is not a "get-out-of-jail-free" card.
"If it impairs you, you are going to go to jail," said attorney Charles Sifers.
Sifers says under current Oklahoma law, you can get a DUI for any substance the makes it dangerous for you to drive. That of course includes alcohol, but it also includes prescription drugs.
"It's OK to be in the possession of it, it's OK to be taking it, it's not OK to be driving under the influence of it," he said.
Sifers says marijuana will fall under the same rules. Right now, "possession equals being under the influence."
If officers find it on you or in your car, they will assume you are under the influence, but with the law change, it's now legal to posses with the proper paperwork. There is a definite gray area.
With alcohol, there are limits. You can consume and operate a vehicle if your blood alcohol level stays below .06 percent. From .06 to .08, you can get a DWI, driving while intoxicated, and over .08, a DUI.
"I can drive a car if I have under a .06. We don't have that clarity with marijuana. There is no measurable amount in the present law and I don't see that changing in the near future," said Sifers.
Currently, there are no field tests, manual or electronic, to measure for THC in the blood. The standard pin test officers use to look at eye movement won't work for pot.
"What they are looking for is jerking of the eyes, marijuana doesn't produce that, alcohol does, marijuana doesn't. The officers in the field are not ready for this," said Sifers.
Sifers says dosage will be a problem. People learning how much is too much for them to drive will be an issue.
A standard DUI in Oklahoma runs you about $10,000 no matter what substance you are under the influence of.