I was arrested and went to court for a possession of under 50 grams of marijuana charge. They told me they would mail me a second court date, which I have yet to receive. I spoke with the prosecutor last time and he said more than likely I will get a conditional discharge. The only problem is that I smoked marijuana again before even the second court date. I don't plan on smoking again, and I definitely will not be smoking anything on probation, however, will the old marijuana still come up in my system and cause me to fail the tests?
It's possible. Typically, I advise clients that marijuana can still show up in your system for about thirty (30) days after you smoke. So hopefully you won't be drug tested until after this time elapses. You definitely need to stop smoking or you will violate your conditional discharge and end up with a criminal record and a driver's license suspension.
It could but likely any test will be after 30 days.
I agree with my colleagues. It has been my experience that allowing a probationer officer to know before the first test (or maybe when you are first put on probation) that there may be some residual metabolites from the last time you smoked prior to probation, they do not consider it a violation. However, if there is something active or if your second time comes out with it in your system again-that is a big issue.
This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.