The Oklahoma Court of Criminal Appeals has made a groundbreaking ruling, determining that women with state-issued medical marijuana cards cannot be prosecuted for child neglect if they use the medicine during pregnancy.
This decision clarifies that expectant mothers holding medical marijuana cards are not committing child neglect by using marijuana, as it does not qualify as exposing their unborn child to illegal drugs under state law.
The ruling establishes a new legal standard in Oklahoma, where numerous women have faced child neglect charges for using marijuana during pregnancy, despite having legal authorization. The court stressed that while it does not endorse marijuana use during pregnancy, it acknowledges its legality for medical cardholders.
Judge Robert L. Hudson noted that the court’s role is not to legislate but to interpret the law. He stated that although the extent of legal protection for such actions may be contentious, the court cannot prosecute Aguilar for child neglect due to prenatal marijuana exposure. He added that while legal marijuana use during pregnancy could potentially constitute child abuse in some cases, this was not applicable in the present case.
“Right or wrong, Aguilar cannot be prosecuted for child neglect for prenatally exposing her infant to marijuana,” Hudson said. “While there may be circumstances in which a woman’s legal use of marijuana while pregnant may amount to child abuse, that is not the case before us today.”
Two judges dissented, arguing that Aguilar’s unborn child did not have a medical marijuana license and that the intent of voters and the Legislature was not to permit drug exposure to unborn children under medical marijuana laws.
