Cannabis
Program Description
This diversion program is for defendants facing possession of cannabis drug charges. The State will perform a risk/assessment analysis to determine which diversion program, if any, is appropriate for a defendant.
Program Requirements
Most non-violent misdemeanor and third-degree felonies with no aggravating factors and no requirement to pay restitution are eligible for Early Resolution Diversion (ERD). ERD is available to a defendant after their arrest or after a Notice to Appear or criminal citation is issued until their first pretrial conference.
Diversion-eligible defendants approved for this ERD program will be required to:
- Waive speedy trial
- Complete marijuana education course
- Pay $100 program fee
- Pay course fee, if applicable
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ERD Program Completion Or Failure To Complete
When a defendant successfully fulfills the terms and conditions of their ERD agreement, the State will dismiss the charges against the defendant.
If the State finds at the termination of the diversion period or any time before the termination of the diversion period that the defendant has failed to fulfill the terms of the specific diversion agreement or probable cause has been found the defendant has violated the law, the State will inform the court and prosecution will resume.
