Oklahoma court rules in favor of pregnant woman arrested for using medical marijuana
In a landmark ruling, Oklahoma resident Amanda Aguilar, who was arrested for using marijuana while pregnant, has been exonerated by the state’s highest criminal court. Despite having a medical marijuana prescription, Aguilar was charged with felony child neglect, with prosecutors arguing that her fetus did not have a prescription.
Court’s decision and its implications
The court’s decision should bring relief to women using cannabis to manage pregnancy ailments. However, the case has highlighted a division among Oklahoma judges regarding the criminalization of pregnant marijuana users. Judge Gary L. Lumpkin, in a dissenting opinion, stated, “The baby has no medical marijuana license.”
Even Judge Scott Rowland, who wrote the majority opinion, emphasized that the court does not “condone marijuana use by an expectant mother” and urged lawmakers to clarify the legal boundaries concerning the licensed use of cannabis during pregnancy.
Aguilar’s case: A broader issue
Aguilar is not alone in facing such charges. According to Pregnancy Justice, at least eight women in Oklahoma have been charged since 2019 for using cannabis legally while pregnant. One such case involves Brittany Gunsolus, who was also charged with felony child neglect after her son tested positive for marijuana at birth, despite having a medical marijuana prescription.
Gunsolus’ lawyers argued that using prescribed marijuana should be treated like any other prescription drug during pregnancy. However, Comanche County prosecutors maintained that her unborn child required a separate state license for medical marijuana.
Legal battle and court ruling
Aguilar’s legal journey began when she was charged with child neglect. She filed a motion to quash the charge, arguing that her use of medical marijuana was not illegal. Despite her initial success in having the case dismissed, Kay County District Attorney Brian Hermanson appealed to Oklahoma’s highest criminal court.
On July 18, the Oklahoma Criminal Court of Appeals ruled in favor of Aguilar. “For us to find that Aguilar’s marijuana use, fully authorized by her medical marijuana card, became illegal due to her pregnancy, would require us to rewrite the statutes in a way we simply do not think is appropriate for courts to do,” Rowland wrote in the court’s opinion, affirming the lower court’s granting of Aguilar’s motion to quash.
Broader legal implications
Oklahoma law defines child neglect as failing to protect a child from exposure to illegal drugs. However, Rowland pointed out that controlled substances, such as cannabis with a prescription, are not illegal. Therefore, Aguilar’s actions did not constitute a crime.
Dissenting opinions
In his dissenting opinion, Judge Lumpkin argued that Aguilar’s marijuana use should be considered illegal because her baby did not have a permit. Judge David B. Lewis echoed this sentiment, stating that a medical cannabis license does not authorize sharing or distributing marijuana to those without a license, including unborn children.
Rowland countered these assertions, noting that such logic would make it “unlawful for any expectant mother to ever be prescribed any controlled dangerous substance by any doctor.”
Both the majority and dissenting opinions referenced fetal personhood, a legal concept granting fetuses rights separate from the mother. This concept often underpins arguments for banning abortion and can lead to criminal penalties for pregnant women whose actions are deemed harmful to the fetus. Critics argue that such policies may deter women from seeking necessary medical care.
Uncertain effects of marijuana during pregnancy
While the harmful effects of excessive alcohol during pregnancy are well-documented, the impact of marijuana use is less certain. Studies often face methodological issues, and no clear evidence links cannabis use to negative outcomes. Many women report that marijuana helps with pregnancy-related ailments.
Ultimately, decisions about cannabis use during pregnancy should be made by pregnant women and their doctors. The court’s ruling emphasizes the need for legislative clarity on this issue, and it is hoped that Oklahoma lawmakers will address the matter to protect both women’s rights and fetal health.
