Smoking marijuana while driving a vehicle in Oklahoma was already illegal, but a new law adds stricter regulations, making it illegal for passengers to use — or even have — marijuana in the car.
Senate Bill 786 was one of several laws that went into effect Nov. 1. Oklahoma lawmakers say it’s meant to make the roads safer and enforce responsible driving.
“It makes it safer for everybody that there are less people out there driving under the influence of alcohol or any other drug,” said Cpl. Bobby Swatsenbarg with the Tulsa County Sheriff’s Office. “Makes the streets safer for your family and your children.”
Here’s how the law impacts drivers and passengers:
If anyone inside the car is caught with unsealed marijuana or marijuana products — such as vape pens, edibles, infused drinks or tinctures — the driver will face penalties.
Under the new law, all marijuana products must be sealed in their original packaging and in the trunk of the vehicle, similar to alcohol open container laws. Previously, a 2018 medical marijuana law allowed licensed users to possess limited amounts of marijuana or marijuana products but did not specify restrictions for vehicles.
Not only is possessing these unsealed items in a vehicle now considered transporting an open container, the law also makes secondhand smoke in a vehicle illegal. Even if another passenger is in the car smoking, the driver is still held responsible.
Drivers caught breaking the law could face a misdemeanor charge and a fine of up to $500. There is also a $250 special assessment fee added to each charge that will go to Oklahoma’s Trauma Care Assistance Revolving Fund.
Officers can order field sobriety tests during traffic stops if they smell marijuana, detect slurred speech, see erratic driving or spot marijuana-smoking utensils in the car.
“Driving under the influence does not always mean alcohol,” said Swatsenbarg. “It is also drugs of any kind that alter your mind and that impairs you.”
This article was originally published by Tulsa Flyer. You can see the original story on the Flyer’s website.
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