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Question about plea in abeyance for possession and paraphernalia

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hmmsomething

Junior Member
What is the name of your state (only U.S. law)? UT

I was visiting family in Utah a few months ago. I was staying with my parents for a little while since I have sometime off from my job. I normally reside/live/work in California. I have a medical card from the state of California that affords me the privilege to use medical cannabis for pain and depression therapy.

I am an occasional (2-3 times a month) consumer of cannabis primarily in cold weather that causes me joint pain from multiple strains to my ankles and knees or for days I just feel so blue I can't function to get out of the house.

While visiting my parents who live in Utah I was stopped by police and they had smelled my stuff from the car during the stop. I was cited/arrested and released on recognizance for possession and paraphernalia. I hired an attorney to defend me in Utah.

I had a pretrial hearing about a month ago. The prosecutor offered me an plea in abeyance because I was cooperative with the law enforcement. Their offer was 18 months abstinence from consumption with random UA's, drug treatment/counseling and pay an abeyance fee.

I haven't consumed since the date of the arrest. Over 3 months now, I am not a resident of the state of Utah but I am assuming the court thinks I am because the arrest on the citation has my parents address written on it. I think that the offer is excessive since the punishment would normally be 1 year probation. I understand that after 18 months on the abeyance that I would have both charges dismissed granted I complete it, which I would if the court set it as I would rather not go to jail or face further issues.

I haven't proposed this to my attorney yet, but if I were to submit to a follicle test to show that I am not some pot head drug abuser that I could get 6 months on the abeyance. I don't believe that I require drug treatment of any kind since I am in control of my consumption and well educated in effects of cannabis.

I can say that medical cannabis has helped me in coping with my pain in my knees, ankles and my depression. I primarily vaporized but since I was traveling out of state I chose to take with me a small pipe since a vaporizer is not easy to take with me.

Think it is possible for me to get that abeyance agreement reduced if I can show I haven't consumed in over 3 months?
 



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