Frederic DiMaria is an experienced criminal defense attorney specializing in marijuana cases. He serves on the NORML-NJ Board of Trustees.

The Conditional Discharge (CD) is one-time-use-only  form of Pre-Trial Intervention, pertaining specifically to simple marijuana offenses in New Jersey.  When you receive a [...]]]>

Frederic DiMaria is an experienced criminal defense attorney specializing in marijuana cases. He serves on the NORML-NJ Board of Trustees.

The Conditional Discharge:  What is it?

By Frederic DiMaria, Jr., Esq., Chairman, NORML-NJ

The Conditional Discharge (CD) is one-time-use-only  form of Pre-Trial Intervention, pertaining specifically to simple marijuana offenses in New Jersey.  When you receive a conditional discharge, it means that you have agreed to get placed in a probation-like monitored program (conditional discharge program) for a period of up to one year or more, and have agreed to pay harsh fines (greater than $700) — in return for the State dropping the drug charge at the end of the conditional discharge period and, if successfully completed, ultimately having no conviction on your record.

While in the Conditional Discharge program, prosecution of the charges will be put on hold by the Court and you will have a conditional discharge officer who you will be required to report to, and who will administer, at whim, multiple random urine tests for drugs over the conditional discharge period. Each conditional discharge officer is different and methods differ between counties and people. Some test frequently. Others do not test at all.

In order for the charges to get dismissed, you must successfully complete (to the satisfaction of the conditional discharge officer) the conditional discharge program which basically means that you report to your conditional discharge officer when he/she requires, you take (and pass) urine tests when requested and you stay out of trouble.  You must not be convicted of another offense during the conditional discharge period. If you fail to complete the program for any reason, the Court will renew its prosecution of the original charges.

If you successfully complete the program to the satisfaction of the probation officer, the Court will ultimately drop the original charges and your record will remain free of a drug conviction.  The arrest will still be on your record, but you will likely be able to get that removed through a process known as expungement.

If you are conditional discharge eligible, you can request a Conditional Discharge from the Court. Eligibility depends upon multiple factors. A past conviction of a drug offense in New Jersey or any other State, or the past use of the Conditional Discharge program in New Jersey will make you ineligible for the program. If the Court places you in the Conditional Discharge program, the Court will order you to pay the fines set by the Court (again, expect to pay more than $700) and the Court will make you fill out paperwork before you leave. The Court will then give you further instructions.

NOTE: Like a get-out-of-jail-free card in Monopoly, you can only participate in the Conditional Discharge program once. After you use it, it can never be used again.

Many people find the Conditional Discharge program a more palatable outcome than being found guilty of marijuana possession since the Conditional Discharge will not result in loss of a New Jersey driver’s license nor will it result in a criminal record. However, in the opinion of this author the conditional discharge should be utilized as a last resort when other defenses are not available, as the conditional discharge can be an uncomfortable process for someone engaged in a marijuana prevalent lifestyle and can certainly substantially interfere with one’s life.

* Tell us in comments on this blog what other marijuana related legal topics we can address here at NORML-NJ.