Oklahoma’s Controversial Prosecution Of A Pregnant Women Using Medical Marijuana

Oklahoma, a state where medical marijuana is legal, is currently in the spotlight for its controversial prosecution of pregnant women who use the drug. This has raised concerns about potential loopholes being exploited to fill up jails for profit.

The Legal Paradox
Despite the legality of medical marijuana in Oklahoma, pregnant women are being charged for using it. Amanda Aguilar, a resident of Ponca City, Oklahoma, is one such case. Aguilar had been using medical marijuana, with a doctor-approved state license, to treat severe morning sickness during her pregnancy. However, after her baby tested positive for marijuana, Aguilar was reported to child welfare workers, who handed over her baby’s drug test results to police. She was subsequently charged with felony child neglect.

The Legal Battle
Aguilar’s charges were initially dismissed by a judge in Kay County, who ruled that there was no evidence that she broke state law. However, the local prosecutor appealed to reinstate the charges, arguing that the fetus growing inside her did not have its own, separate license to use medical marijuana.

The Oklahoma Court of Criminal Appeals is expected to hear the arguments later this year in a case that could set a new legal precedent in Oklahoma on whether using medical marijuana during pregnancy is a crime. This could potentially open the door for more criminal cases.

The Broader Implications
While the legal battle ensues, a growing number of women in Oklahoma face criminal charges for substance use during pregnancy. A state lawmaker has proposed legislation to address this issue. The bills would set up a new alternative court program for pregnant and postpartum people, and provide more government funding for treatment.

As judges and lawmakers debate the legality of medical marijuana use during pregnancy, more people in Oklahoma could find themselves subject to prosecution. This raises concerns about the potential for exploitation of legal loopholes to fill up jails for profit.


The situation in Oklahoma highlights the complex intersection of medical marijuana laws, pregnancy, and the criminal justice system. As the debate continues, the outcome could have far-reaching implications for pregnant women, medical marijuana users, and the broader community.