Cincinnati, OH asked in Criminal Law and Federal Crimes for Ohio

Q: I'm on pretrial diversion in KY. I don't have any drug charges can I smoke marijuana?

Related Topics:
2 Lawyer Answers
Marcus A. Ross
Marcus A. Ross
  • Criminal Law Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: Although I practice in Ohio typically the terms and conditions of pretrial supervision and probation any jurisdiction expressly prohibit the use of drugs and alcohol. You are also many times required to submit to random urine screens while you are under pretrial supervision. A violation of these terms and conditions by using a controlled substance/contraband such as marijuana will be reported by your pretrial services officer,and will typically result in a revocation of your bond and your immediate incarceration by the Presiding Judge in your case

Dimitrios Makridis agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If you are on pretrial diversion in Kentucky, it is important to abide by the terms of your agreement with the court or probation officer.

Depending on the terms of your pretrial diversion agreement, using marijuana, even for medicinal purposes or in a state where it is legal, may be a violation that could result in serious consequences, including revocation of your pretrial diversion and potential criminal charges.

It is important to consult with your attorney or probation officer regarding the specific terms of your pretrial diversion agreement and any restrictions on drug use. It is also worth noting that marijuana remains illegal at the federal level, regardless of state laws.

If you have any doubts or questions about whether your marijuana use could violate the terms of your pretrial diversion, it is best to err on the side of caution and avoid using marijuana until your case is resolved.

Dimitrios Makridis agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.