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FACT BRIEF

Did Oklahoma charge a woman with felony child neglect for using legal medical marijuana during her pregnancy?

By Sue Bin Park
View this fact brief on Oklahoma Watch
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YES

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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Oklahoma Watch
Oklahoma Watch is a nonprofit, tax-exempt, 501(c)(3) corporation that produces in-depth and investigative journalism as a public service for the benefit of all Oklahomans. Through investigative, fact-driven journalism, we dig deep and examine significant issues facing our state. Our work engages all Oklahomans, amplifies the discussion of important issues and leads to change. We help develop the journalists and journalism of the future.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.