Elk River, MN asked in Criminal Law for Minnesota

Q: I have friend who on bond if he smokes weed how can he fix problem

I have friend who on bond if he smokes weed and has drug test at probation appointment what will happen and what could do

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2 Lawyer Answers

Jonathan Matthew Holson

  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: “Your friend” might be in violation of his conditions of release. If so, the agent is likely to file a report with the court. “Your friend” should stop smoking pot until his case is over with.

Thomas C Gallagher

  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: A common condition of pretrial release on a criminal charge is "no use of alcohol or other drugs, except as prescribed by a physician." Often drug testing goes with it. If the person subject to that condition smokes marijuana then he or she will get a drug test positive for THC or THC-metabolites, which can last 30 days or more after last use. Use of marijuana in violation of a condition of pretrial release can result in an arrest warrant. After arrest and jail, the judge eventually should consider pretrial release again, often with more restrictive conditions possibly including higher bail. The best thing to do would be to avoid using marijuana or even being around others who are using it. Even though THC metabolites can remain in the body 30 days or more since last use for heavy users, for non-regular users the body can be free of THC metabolites in a shorter time frame.

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