SB 54 Escalates Risk and Cannabis DUI Penalties for Oklahoma Patients
Starting November 1, 2025, a new DUI law in Oklahoma—Senate Bill 54 (SB 54)—goes into effect, reshaping the landscape for drivers with any trace of cannabis in their system. While the bill targets all forms of impaired driving, the real-world impact on medical marijuana patients and cannabis consumers is especially serious.
Marijuana Metabolites Can Trigger Felony Charges Under SB 54
Under Oklahoma law, any detectable amount of a Schedule I substance or its metabolites—including THC—can form the basis of a DUI-D (driving under the influence of drugs). This applies even if the individual is not actively impaired and even if the THC is from legal, state-licensed medical marijuana used days earlier.
SB 54 escalates these types of cases further: it creates a new category of “Aggravated DUI”, turning some first-time offenses into automatic felonies with mandatory jail time if certain conditions are met.
Here’s What Triggers an “Aggravated DUI” Under SB 54
If a driver is found to be under the influence (including via THC metabolites), and any of the following apply, it will now be charged as an aggravated DUI:
BAC of 0.15 or higher (for alcohol cases)
Involvement in a reportable accident
Improper lane use, reckless driving, or other specific traffic violations
Eluding law enforcement
Speeding 20+ mph over the limit (or 10+ mph in a school zone)
Having a passenger under age 18 in the vehicle
If a driver tests positive for marijuana metabolites and any of the aggravating factors outlined in SB 54 are present, the offense is automatically treated as a felony. A conviction carries a mandatory minimum of ten days in jail, with no option for suspension, deferral, or probation. For repeat offenses, the penalties escalate significantly, with prison terms of up to twenty years now authorized under the statute.
The 2-Hour Test Window Is Gone
Previously, Oklahoma DUI law limited the admissibility of blood, breath, or urine tests to those conducted within two hours of arrest. SB 54 removes that safeguard. This means prosecutors can now use a metabolite result from any point post-arrest to establish guilt, even if you weren’t impaired while driving.
This is especially dangerous for cannabis users, because:
THC metabolites linger in the body for days or weeks, depending on use frequency.
There is no legal distinction in Oklahoma between active THC and inactive metabolites.
Medical cardholders are not exempt.
In short, a completely sober driver could face a felony charge based on residual traces of cannabis—if any one aggravating circumstance applies.
Why This Matters for Medical Marijuana Patients
Oklahoma is home to more than 300,000 licensed medical marijuana patients, many of whom use THC products daily to manage chronic conditions. With the passage of SB 54, these patients are now at heightened legal risk during any traffic stop, even if they’re completely unimpaired.
As the law currently stands, a positive drug test and a fender bender can equal a felony. Refusing to take a blood test can also trigger a felony, if the officer alleges drug influence and other criteria are met. And there is no statutory exemption or medical defense available under SB 54, even for those with valid patient licenses. A patient who consumed cannabis legally and responsibly three days earlier—well outside any window of impairment—can still face a felony DUI charge if pulled over and tested.
What Cannabis Users Need to Know
Don’t volunteer marijuana use during a traffic stop. You have the right to remain silent.
Don’t display your medical card unless absolutely necessary.
Never consent to field sobriety tests—they’re voluntary in Oklahoma and often used to justify a blood draw.
If arrested, insist on speaking to an attorney immediately before submitting to testing.
SB 54 represents one of the most aggressive DUI policy shifts Oklahoma has enacted in recent years. While it may be framed as a public safety measure, the law’s language and its removal of key protections like the 2-hour test window makes it especially dangerous for cannabis consumers and medical patients.
As always, if you’re a medical cannabis user facing DUI charges or want to better understand your rights contact our team. We have deep experience navigating Oklahoma’s evolving cannabis laws and protecting patients from unjust prosecution.
