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?

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2 Lawyer Answers
Marcus A. Ross
Marcus A. Ross
Answered
  • 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
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

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

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