In a landmark decision, the Oklahoma Court of Criminal Appeals ruled last week that women with state medical cards who use marijuana during pregnancy cannot be prosecuted for child neglect.
The ruling addresses whether an expectant mother with a medical marijuana card, who uses the drug while pregnant, is exposing her unborn child to illegal drugs and thus committing the crime of child neglect.
The ruling sets a new legal precedent in Oklahoma, where an increasing number of women have faced child neglect charges for using marijuana during their pregnancies, despite having state-issued licenses to use it legally. While the court emphasized that it does not endorse marijuana use for pregnant women, it underscored the legality of such use under state law.
Judge Robert L. Hudson concurred, noting that while the extent of legal protection may be debatable, it is not the court’s role to legislate. He elaborated that although Aguilar cannot be prosecuted for child neglect for prenatally exposing her infant to marijuana, there may be situations where a woman’s legal use of marijuana during pregnancy could constitute child abuse. However, such circumstances were not present in this 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, contending that Aguilar’s unborn child did not possess his own medical marijuana license and that it was not the intention of voters or the Legislature to permit unborn children to be exposed to the drug under medical marijuana laws.
The Oklahoma Court of Criminal Appeals has called on the Legislature to amend the law, enabling the prosecution of pregnant medical marijuana cardholders for child neglect.
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