Brittany Gunsolus, 27, was charged with felony child neglect in May 2021 by the Comanche County District Attorney after her use of marijuana edibles and topical creams during her pregnancy resulted in her newborn testing positive for THC. Gunsolus, a medical marijuana license holder acting under the guidance of her doctor, faced charges despite child welfare investigations finding her child safe and healthy.

Oklahoma legalized medical marijuana in 2019; however, multiple cases involving similar charges against pregnant women have been filed since legalization. Gunsolus is challenging the prosecution, arguing that state law provides immunity for pregnant medical marijuana users. The maximum penalty for child neglect in Oklahoma is life in prison, although women in similar cases have all received probation, according to The Frontier.

Oklahoma is one of 38 states that have legalized medical marijuana, and one of 14 that allow medical but not recreational use.

This fact brief is responsive to conversations such as this one.

Sources

Supreme Court of the State of Oklahoma Gunsolus v. Cabelka

State of Oklahoma OK Senate Bill 1033

Justia §21-843.5. Child abuse – Child neglect

The Frontier An Oklahoma mom’s court challenge seeks to end charges for pregnant women who use medical marijuana

National Conference of State Legislatures State Medical Cannabis Laws

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