Criminal defendants placed on probation are often required to stop using drugs and alcohol. Additionally they must submit to random drug and alcohol screenings administered by the probation department.
These terms are set down in the “order of probation conditions” form which is completed by the judge. When filling out the form, the judge can check any or all of the following boxes
- No illegal or unprescribed drugs.
- No alcohol.
- No unprescribed marijuana/THC.
Defense lawyers will often ask the judge to refrain from checking the “unprescribed marijuana/THC” box. This request can be made verbally or in writing if/when the defendant tenders a plea. Judges will go along with the request in many cases. This small request can make probation much easier for many defendants and, consequently, reduce the risk of probation violations.