HB 3018: Proposed Fix to Oklahoma’s Marijuana DUI Problem

House Bill 3018 (2026 Regular Session) proposes an important amendment to Oklahoma’s DUI statute, 47 O.S. § 11-902, specifically addressing how marijuana is treated in impaired driving cases.

The bill was introduced following concerns that the 2025 aggravated DUI revisions unintentionally increased exposure for lawful medical marijuana patients.

What HB 3018 Would Change

Under current law, the presence of a Schedule I controlled substance — including marijuana — or its metabolites in a driver’s system can be used in DUI prosecutions.

HB 3018 would create an exception for:

• Marijuana

• Marijuana derivatives

• Synthetic cannabinoids

The bill would remove marijuana and its metabolites from the statutory language that treats the mere presence of a Schedule I substance as part of the DUI framework.

Importantly, the bill does not prevent officers from charging DUI based on actual impairment. Field sobriety testing, officer observations, and other evidence of intoxication would remain admissible.

The proposed change is intended to refocus DUI enforcement on real-time impairment rather than the lingering presence of THC metabolites, which can remain in the body long after intoxication has subsided.

Why This Matters

THC metabolites can remain detectable for days or weeks — particularly for medical marijuana patients. A positive test does not necessarily indicate present impairment.

The 2025 aggravated DUI amendments removed a prior testing limitation for Schedule I substances, which raised concerns that patients could face prosecution based solely on metabolite findings.

HB 3018 seeks to correct that issue by distinguishing marijuana from other Schedule I substances within § 11-902.

Current Status

HB 3018 was introduced on February 2, 2026, and referred to the appropriate House committees, including Criminal Judiciary.

As of now, the bill remains in committee and has not yet advanced to a floor vote.