The Johnson County Attorney’s Office started a marijuana diversion program in July of 2010.
The program is fantastic for those who qualify. Prior to this program becoming available, defense attorneys would only have a slight chance if getting a charge dismissed. And then it was only if the defendant possessed less than one gram of marijuana. With the Johnson County Attorney’s marijuana diversion program, the amount has currently been raised to 10 grams.
The program is completely discretionary. The main factors for consideration are a defendant’s criminal history, the circumstances of the offense and any prior diversion program enrollment. However, the county attorney’s office reserves the right to disqualify someone without a given reason.
Another advantage of the diversion program over prior dispositions is that a contemporaneous paraphernalia charge may be dismissed along with the marijuana possession charge. Prior to the diversion program’s existence, a dismissal of the marijuana possession would require a conviction on the paraphernalia.
Defendants that qualify for the program will be required to attend their arraignment hearing in person. They must fill out the application for the diversion program. They must waive their right to a speedy trial, and agree to push their arraignment date out roughly 120 days. They must seek out and attend an approved marijuana diversion course and substance abuse evaluation. A clean urinalysis must be produced. They must pay $100.00 to the Court for court costs. And finally, the defendant must avoid all criminal involvement for the duration of the case, usually 90-120 days following the first arraignment date.
And if the defendant is successful, the charge will be dismissed.
This is a great program for anyone charged with possession of marijuana in Iowa City. Please call our office to discuss your case. Thompson Law Office is happy to help you through this program.