Legal Question in Criminal Law in Minnesota

Re: 5th degree possession with intent to distribute

It would not be possible to violate a condition of probation which does not yet exist. However, if there is a "no use" condition of pretrial release, and the defendant uses in violation of that, that could result in a change of conditions of pretrial (and presentence) release, which could include jail, higher bail, daily UAs, etc. Though rarely used, a judge has the power to reject a plea agreement, and it is conceivable under some circumstances a judge could do that.

On the other hand, THC matabolites are detectable long after any psychoactive effect has worn off, days, even weeks later.

My recommendation to my clients has been "It might not be held against you until after the first, baseline UA is done on you, but we both know you are going to have to quit smoking for quite some time. My recommendation is that you quit now. You avoid some risk, and will look better than many others going through the process. If you smoked yesterday, my advice is the same, quit now and don't use again. This is too important to your future." Most people can quit marijuana with little difficulty. Now is the time.

Re: 5th degree possession with intent to distribute

Your bail or conditions of release may be revoked and you can be jailed pending a final resolution or a trial.

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