Date: January 23, 2021

To: Supervising Attorney

From: Shaney ONeal

RE: Claire Clapper/ Medical Marijuana

Medical Marijuana Memo

Claire Clapper called our office seeking advice concerning the possibility of obtaining a Medical

Marijuana license. suffered severe injuries from a car wreck in 2013.She continues to battle with

pain and Post Traumatic Stress Disorder (PTSD) symptoms from the accident. In 2015 Mr.

Clapper filed for a divorce and in custody proceedings was awarded joint custody of his children

with his soon to be ex-wife.

Mrs. Clapper had decided to obtain her medical marijuana license as a possible pain-relieving

treatment for her injuries from the car wreck as well as treatment for her PTSD symptoms. She

called our office today seeking advice on the subject and requested our opinion on the following

questions.

1. If Claire obtains a medical marijuana license can Dean attempt to take Mrs.

Clapper back to court to change the child custody order?

Oklahoma statute 63 O.S. § 425D states No medical marijuana license holder may be

denied custody of or visitation or parenting time with a minor, and there is no

presumption of neglect or child endangerment for conduct allowed under this law, unless

the person's behavior creates an unreasonable danger to the safety of the minor. Mr.

Clapper will not be able to change the custody order unless Mrs. Clapper behaves in an
 unreasonable manner which may put the children in harm’s way. If Mrs. Clapper takes

her medicine the correct way and does act in such a way that would harm her children,

she will not have to worry about the custody arrangements.

2. Claire’s next concern was the possibility of losing her job if she fails a drug test?

Oklahoma statute 63 O.S. § 425B states that an employer may not discriminate against

hiring or employment of any person with a medical marijuana license and may not

terminate them for failed drug tests for marijuana unless doing so would cause monetary

lose for the company or loss of a federal licensing benefit. However, the employer can

demand the employee does not bring marijuana to the work place or use it while on the

work clock. If Mrs. Clapper dose not cost her employer money, loss of a federal license

or come to work in possession of marijuana or does not use it while on the work clock

she can not be terminated.

3. If Claire obtains her medical marijuana license can she take her medicine while her

children are with her?

Oklahoma statute 63 O.S.425D again states no person with a medical marijuana license

shall be denied visitation with their children as long as her behavior is not going to cause

potential danger. Mrs. Clapper will be able to take her medicine when her children are

with her as long as her behavior does not risk the wellbeing of her kids.

4. If Mrs. Clapper gets pulled over in a traffic stop before obtaining her medical

marijuana license in possession of 1 ounce of medical marijuana will she risk going

to jail?

Oklahoma statute 63 O.S. §420b states a person without a medical marijuana license that

can state a medical condition and possesses 1.5 ounces or less of marijuana will receive a
misdemeanor charge and a fine of $400.00. Mrs. Clapper should not possess any amount

of marijuana on her person before obtaining a medical marijuana license.