my charge is assault 2nd(2x) from a incident fighting my brothers. i only did 11 days in county jail and before they accepted me pre trial release program. my officer said i don't have to report in, but just call in every Thursday, but if my phone is not on to make the call. i have to check into probation.... before the county jail i was a heavy smoker and smoked everyday .
Possessing marijuana is still against the law unless you have a medical license. If the pre-release program brings you in for a random test, or finds out some other way, you might be sent back to jail.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 22 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
The smoking of marijuana has not been legalized in the State of New York. While penalties for smoking certain amounts or possessing marijuana in certain amounts, have in some jurisdictions been eliminated or de-criminalized, possession or use is still not legal. Additionally, the terms of your probation likely require you to not engage in any use of marijuana.
You should abstain from smoking marijuana. Having a positive drug test is a violation of your pre-trial conditions and you may be going back to county.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
A little ridiculous that you actually have to ask this. Marijuana is illegal and your facing a criminal case. I'll leave the decision up to you if you think that is a smart move.
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