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OKLAHOMA CITY (KOCO) -- A recent ruling from the Oklahoma Court of Criminal Appeals says pregnant women using marijuana with a medical marijuana card cannot be prosecuted for child neglect.
The court says women with a medical car are using the drug legally, therefore they cannot be charged. Attorney Ed Blau told KOCO 5 that the court can't charge an expecting mother using medical marijuana with child neglect because the drug is prescribed.
"Marijuana in the state of Oklahoma by statute is considered medicine just like any other medicine a doctor would prescribe," Blau said.
The ruling comes after a felony case in Kay County where a pregnant woman using marijuana was charged with neglect. The judge, however, dismissed the case for a lack of evidence.
The case was then appealed to the highest criminal court in the state, which made it clear in the ruling that it is not illegal because the marijuana was used as medicine.
"The court of criminal appeals was very specific in that this applies to medical marijuana only as a prescribed drug," Blau said. "It does not apply to methamphetamine. It does not apply to cocaine."
Those in the court and child advocates say they don't recommend pregnant women use marijuana.
"With this, you have the compound issue of taking THC into your system and the different byproducts of smoking marijuana that would lead to issues with a fetus," Joe Dorman, CEO of the Oklahoma Institute for Child Advocacy, said.
Each judge who wrote in the opinion now asks the legislature to take a look at the law and make changes.
"If the legislature went back and changed the law, it would simply add marijuana with or without a marijuana card to those drugs for which an expecting mother could be prosecuted for child neglect if she were found to have it in her system," Blau said.
In the meantime, Blau said he expects those convicted for child neglect while using marijuana with a medical card to ask the court to throw out their case.
