The Johnson County Attorney’s Office has recently updated their marijuana diversion program eligibility criteria. The program has been expanded to include more defendants. This is excellent news for people charged with Possession of Controlled Substance – Marijuana, but did not meet the prior criteria.
The rules regarding amount of seized marijuana have been loosened. Previously possession of 10 grams or less was required for entry into the program. They have increased this amount to include cases possessing LESS THAN 42.5 grams. Note that exceeding 42.5 grams (1.49 ounces) can still result in a felony. Also, if you have somewhere close to that amount, you could be charged with distribution. Therefore, do not use this as an excuse to carry a larger amount of the substance.
The restrictions regarding criminal history have been loosened as well. Previously the defendant needed to have a squeaky-clean record. Now they are only requiring that the defendant be eligible for a deferred judgment. For most people this simply means no prior felonies. Also the defendant cannot currently be on any form of court supervision or probation, and cannot have been involved in the diversion program in the past. Also, the defendant cannot have any other pending charges aside from traffic tickets.
Simple misdemeanors filed at the same time as the possession charges are now officially allowed. Previously these were allowed only on a case-by-case basis, and generally limited to paraphernalia, and occasionally public intoxication and PAULA.
Finally, the dismissal of an accompanying possession of drug paraphernalia charge is now an official part of the program. This was generally allowed previously, only one time near the inception of the program did I have to argue for this.
This is a big step toward the local decriminalization of possession of marijuana. However, it does not limit the arresting officer’s requirement to arrest and take the suspect to jail.