District attorney to drop possession charge against licensed medical marijuana patient after traffic stop

District attorney to drop possession charge against licensed medical marijuana patient after traffic stop

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Regina Gist was charged with possession of marijuana despite being a licensed medical marijuana patient. Her case is on its way to being dismissed by the local District Attorney’s Office. Courtesy The Adair County District Attorney’s Office announced its intent Wednesday to dismiss a case against a licensed medical marijuana patient who was charged with possession due to apparent confusion over which drug crime statute should apply. Regina Gist, 49, of Sallisaw, received a citation from an Adair County sheriff’s deputy for possession of marijuana after being pulled over Sept. 25 for an alleged traffic violation. An assistant district attorney signed off on the citation the next day, and Gist made her first court appearance Tuesday afternoon. But upon evaluating the case himself, District 27 DA Jack Thorp said he plans to toss the charge because all available evidence indicates Gist honestly believed she was following the law on possession for medical purposes in accordance with State Question 788. The citation doesn’t say which statute the deputy accused Gist of violating. An assistant prosecutor who approved the charge told Oklahoma City television station KWTV on Tuesday that the case would proceed while her office researched applicable laws. When asked about which law was at issue, Thorp pointed the Tulsa World to the drug possession statute last amended after voters approved State Question 780. That initiative, which took effect last summer, made simple drug possession a misdemeanor. SQ 788, which went into effect this summer, prevents prosecution of licensed medical marijuana patients for either possession of the substance itself or for having devices used for consumption. “Maybe she should not have received a ticket. But right now in our business it’s a brave new world,” Thorp said of Gist. “You have people who are used to issuing citations based on […]

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