Raymond Wambsgans

MMJ Cardholder Charged With Possession by Police

A woman in Oklahoma carrying both a valid MMJ card and cannabis was charged with marijuana possession by police, Oklahoma News 6 reports.

Regina Gist is a 49-year-old single mom with three boys. She developed chronic pain following four different back surgeries. When Oklahoma voters approved State Question 788 to legalize medical cannabis, Gist went to a doctor right away to get her license.

On September 25th, an officer pulled Gist over for having a broken taillight.

“The officer asked if I had anything on me and I said I have a little bit of weed but I have my ID. He just didn’t care. He said I just couldn’t possess it.” — Regina Gist, in the report

The officer told Gist that, because no approved medical cannabis dispensaries were open yet in the state, possession was still illegal. Gist’s attorney, Collin Rockett, disagrees.

Rockett cites the language of State Question 788, which says that a license holder can legally possess up to three ounces of cannabis. “Nowhere does it say you have to get it from the dispensary,” Rockett said. “It’s our position they have no basis to charge her.”

Gist believed she was obeying the law. “I seriously wasn’t even nervous when I told him,” she said. “But that changed real fast.”

The Oklahoma district attorney in charge of prosecution said this is all new to her, as well. The case, however, is still moving forward.

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