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Democrat Proehl-Day Would Not Prosecute Marijuana Possession as Tulsa County District Attorney

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Democrat Jenny Proehl-Day announced Friday if elected Tulsa County District Attorney, her office will not prosecute simple marijuana possession at the state level.

Proehl-Day said she would encourage the county’s law enforcement agencies to adopt Oklahoma City’s new policy of issuing a ticket with a maximum $400 fine, taking jail off the table and saving prosecutors time.

"We’ve talked ad nauseum about how we don’t have the resources we need, we’re not fully funded the way that we need to be fully funded, we don’t have the manpower to really address the issues in our community," Proehl-Day said.

Proehl-Day said she would still prosecute cases where there is intent to distribute or the amount of marijuana meets the statutory threshold for trafficking. The evidentiary standard for intent to distribute would be developed through talks with law enforcement agencies.

Incumbent District Attorney Steve Kunzweiler said prosecutors are elected to uphold the laws, so his approach will not change.

"It’s not our choice to decide or elect which laws we’re going to enforce or not enforce. That’s a legislative decision," Kunzweiler said.

Oklahoma voters did reclassify simple possession from a felony to a misdemeanor in 2016 through State Question 780.

Matt Trotter joined KWGS as a reporter in 2013. Before coming to Public Radio Tulsa, he was the investigative producer at KJRH. His freelance work has appeared in the Los Angeles Times and on MSNBC and CNN.