garrula lingua
Senior Member
What is the name of your state? CA
Drek, you locked your thread; no one can answer you.
Ca has two diversion programs which you qualify for:
DEJ (Deferred Entry of Judgment) and
Prop 36.
DEJ is the easiest program, and you are eligible as long as you have no prior drug convictions (or felonies w/i five years).
You will have to do a drug education class, and you may be tested, randomly, for drug use.
You have to pay the program fees and a fee for probation reports. After 18 months of DEJ, program completed & fees paid, the charges are dismissed (you plead guilty in order to qualify for the program).
You may want to fight this, using the medical prescription defense. That's a hard road - the doctor has to testify; your 'prescription' from the Dr must be current; your actual medical condition/records are subject to review... hard to prevail.
Be careful - the cops can ticket you for one or more offenses; the Dep Dist Atty can change the charges and file cultivation (the correct charge & not subj to diversion), or any other charge the DDA feels is provable at trial.
If you're charged with cultivation, hire an atty (or use PDs - they are frequently excellent) and try to get the charges changed to a divertable offense (like H&S 11357(a)).
If you are going to continue using MJ, diversion isn't for you.
You can ask the Prosecutor to allow marinol (mj in pill form) to be allowed; most pot users don't want the real 'medical mj".
Drek, you locked your thread; no one can answer you.
Ca has two diversion programs which you qualify for:
DEJ (Deferred Entry of Judgment) and
Prop 36.
DEJ is the easiest program, and you are eligible as long as you have no prior drug convictions (or felonies w/i five years).
You will have to do a drug education class, and you may be tested, randomly, for drug use.
You have to pay the program fees and a fee for probation reports. After 18 months of DEJ, program completed & fees paid, the charges are dismissed (you plead guilty in order to qualify for the program).
You may want to fight this, using the medical prescription defense. That's a hard road - the doctor has to testify; your 'prescription' from the Dr must be current; your actual medical condition/records are subject to review... hard to prevail.
Be careful - the cops can ticket you for one or more offenses; the Dep Dist Atty can change the charges and file cultivation (the correct charge & not subj to diversion), or any other charge the DDA feels is provable at trial.
If you're charged with cultivation, hire an atty (or use PDs - they are frequently excellent) and try to get the charges changed to a divertable offense (like H&S 11357(a)).
If you are going to continue using MJ, diversion isn't for you.
You can ask the Prosecutor to allow marinol (mj in pill form) to be allowed; most pot users don't want the real 'medical mj".