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Marijuana and the race for District Attorney

Should people be jailed for the illegal possession of marijuana for personal use? (File/KTUL)

It was a watershed moment for Oklahoma, the passage of 788, but with it came some confusion.

"People seem to think we legalized marijuana with 788, no we didn’t. You gotta have a medical license," said attorney Jay Ramey, who's office is a virtual marijuana art museum, explaining that getting caught in possession of pot without a license comes with consequences.

"Right now the punishment for marijuana on state level is zero to one year in jail," he said.

"People are tired of folks going to jail and being charged for possession of marijuana," said candidate for Tulsa County District Attorney Jenny Proehl-Day, and she says she'll do something about it by declining to press charges.

"My office policy will be personal use marijuana needs to be ticketed and dealt at the municipal court level," she said.

"That’s not what a DA does, DA’s job is to enforce the laws," said incumbent Tulsa County District Attorney Steve Kunzweiler, stressing the laws the law.

"It's not for one person, and certainly not a district attorney, to just decide which laws you’re going to enforce and which ones you aren’t," he said.

"Every single day prosecutors use their discretion on whether or not to file a charge or decline a charge and there are plenty of laws on the books today that are not enforced on a regular basis," said Proehl-Day.

"To just flat out say that you’re not going to follow the law or not going to uphold the law it's inconsistent with the oath that you're going to swear into office," said Kunzweiler.

"The law’s still being enforced, but we’re changing how that enforcement looks," said Proehl-Day.

Controversy over cannabis, as the campaigns countdown to Tuesday.

"I think the campaign is going really well," said Proehl-Day.

"We'll continue the campaign until the final minute," said Kunzweiler.

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