D.C.’S MENTAL HEALTH COMMUNITY COURT DIVERSION PROGRAM AN OPTION IN MARIJUANA CASES

D.C.’s Mental Health Community Court (MHCC) – a branch of the District of Columbia’s Superior Court – offers diversion programs for marijuana offenders. And unlike normal Deferred Prosecution Agreements’s, Deferred Sentencing Agreements’s or §904.01(e) expungement, diversion through Mental Health Community Court is available to those charged with Possession With the Intent to Distribute marijuana (PWID), as well as simple possession.

Mental Health Community Court (MHCC) eligibility requirements are:

  1. Defendants must be competent, but have a mental health issue, irrespective of drug testing.
  2. Those charged with firearm offenses are not eligible.
  3. As a rule, a defendants cannot be charged with more than 3 pending misdemeanors.

The procedure:

  1. A defendant must enter into a MHCC deferred prosecution or deferred sentencing agreement.
  2. A defendant must participate in mental health treatment, and if necessary, drug testing and treatment.
  3. A defendant must be screened and accepted by PSA’s Specialized Supervision Unit and the MHCC Court.
  4. The US Attorney’s office must sign off.

For those who have a documented mental health issue and a DC marijuana charge, including PWID, D.C.’s Mental Health Community Court is one good option



Categories: Deferred Prosecution Agreement, DPA, DSA, Mental Health Community Court, Superior Court

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