OK so I had recently pled guilty to a misdemeanor case it was a alcohol and Marijuana case where they said i was supplying it to a minor so they had basically dropped all the charges but now I'm on that deferred disposition crap and Marijuana is now legal in Maine so does that mean u can smoke it with no problem? Without getting into trouble? Please help me
I would be careful about that. Do the conditions of your deferred disposition or your bail conditions prohibit you from possessing alcohol/drugs? Are you a medical marijuana patient or are you just using it recreationally?
There is significant prejudice against marijuana by much of law enforcement.
Disclaimer: I am licensed to practice in State and Federal Courts in Maine, the First Circuit Court of Appeals and Supreme Court of the United States. I have no legal knowledge beyond the jurisdictions in which I practice. By answering questions on AVVO, I do not form an attorney-client relationship with the person asking the question.
Many deferred disposition contracts in Maine include language that stating that you agree to refrain from violating all federal, state, and local laws. Marijuana possession remains illegal under federal law, so if your deferred disposition agreement contains that provision, you may be in danger of violating your contract.
I wouldn't recommend it. You may have a prosecutor that interprets the terms of your deferred disposition strictly, plus there is always the possibility of smoking and then driving while impaired, or possessing marijuana in such a way that it implicates that you were still supplying to minors, like if a minor resides with you and you left the marijuana in a common area. These would be risks without the deferred disposition anyway, but if you are looking for a good outcome, I would take no chances.
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