Video Transcribed: Tulsa Attorney Isaiah Brydie coming at you with another video, and this video is going to be a continuation of my review of State Question 807. Jumping straight into it, we’re going to go to page four, section four, number five.
This is a provision that speaking to law enforcement, and I’m going to read directly from the State Question: No conduct permitted by this article shall constitute the basis for detention, search or arrest, except when law enforcement is investigating whether a person is operating a motor vehicle such and such, the odor of marijuana or burnt marijuana, the possession or suspicion of possession of marijuana without evidence of quantity, inaccessibly lawful amount or the possession of multiple containers of marijuana without evidence of the quantity in excess of the lawful amount, shall not individually or in combination with each other constitute reasonable articulate suspicion of a crime. Marijuana and marijuana infused products as permitted by this article are not contraband subject to search or seizure.
So just to give a brief overview of that provision, that provision is basically saying that the possession of marijuana, the smell of marijuana or the use of marijuana is not in itself a unlawful offense, that does not subject you to detention of search or a seizure or arrest unless a couple different things are met. So number one, if you’re operating a motor vehicle, if marijuana is smelled inside of the motor vehicle or on your persons, that may be grounds for additional law enforcement action after that. To investigate whether or not you were operating that motor vehicle under the influence of marijuana, that’s going to get sparse out a little bit later, I’m pretty sure. We’ll see a lot of things I’m expounding on this provision if the State Question goes into law.
Additionally, possessing multiple containers of marijuana or high level amounts of marijuana without any presumption that you are possessing an amount of marijuana that is higher than the lawful amount is itself not any type of reasonable articulate suspicion of a crime that is being committed.
So if you have five containers of marijuana and all of those five containers in themselves do not add up to be more than an ounce of marijuana, just the fact that you have five containers of marijuana does not mean that you are suspected of committing a crime.
Going forward from there, number six, a person shall not be denied eligibility for any public assistance programs offered by the government.
Going on from there, number seven allows for people who consume marijuana to be allowed to own and purchase a firearm and ammunition. And number eight on page four states that nothing in this section is going to apply to the privileges or rights or defenses of individuals who consume medical marijuana. So again, we see here a dividing line being drawn between recreational use and medical marijuana use.
Going on from page four to page five we see a couple of fines being laid out here. These fines being that there is a $250 fine for growing in public view or for growing in an area that is not locked and secured. We also see a $25 fine for consuming marijuana in a public place, not licensed to be a marijuana consuming area.
Also too going forward from there, in number five we see that, or I’m sorry, number four, we see that there are some specific provisions for people under the age of 21 who consume medical marijuana. They either face a fine or they face up to four hours of drug education and counseling in lieu of the fine, and also too in number five we see some more fines and violations for possession or growing in excess to the lawful amount that you can possess or grow under the State Question.
So this is my ongoing video on State Question 807. My number is (918) 932-2800. Please be sure to tune back in as I continue to dig through State Question 807, and I’ll see you guys later.