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Home > Law > Other Law   »   can my PO drug test me if i am not on drug related probation?

 
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Old Jun 16, 2009, 05:28 PM
pothead420
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can my PO drug test me if i am not on drug related probation?

that's pretty much my question

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Old Jun 16, 2009, 05:42 PM   #2  
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I am not positive, but I believe they can drug test you regardless of the offense. Since your sole responsibility while on probation is staying out of trouble, I think they will if they suspect anything.
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Old Jun 16, 2009, 07:25 PM   #3  
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I was a probation officer in Maryland for 7 years and we could not do drug testing on anyone unless it was specified by the court in the probation order. However, in some states the ability to do drug testing is considered to be a standard condition of probation. I used to get probation transfers from other states and the probation officer from the sending state would call me and ask if the person had tested positive for anything. I had to tell them that in my state, unless it was ordered by the court, we couldn't do it.

Your probation order should give you some clue as to whether they can test or not. If the PO asks you to take a test, you can just about guarantee that they are allowed to do it....In my state we always had too many cases to start doing things to probationers that were not in the probation order. If that happens ask to see their authority for testing, it should be written down somewhere.

However, if the probationer gave me some indication that they might be using (such as a new arrest for possession), I would write the judge to have the condition of testing added, and the judge always allowed it under such circumstances.

By the way, many people are ordered into drug testing even though the offense they were convicted of is not drug related. If someone is charged with something like burglary, and they make the statement in court "I did it to support my habit", you can guarantee that the person is going to have drug testing as a condition of probation, if they get probation.

One of my first jobs when getting a probation case was to sit down with the probationer, go over every aspect of the probation order and make sure that the person knew exactly what was required of them so that they would be less likely to violate the probation. If that didn't happen to you, you need to talk to your PO and make sure you know this stuff.

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felonouschick agrees: yes, it varies from state to state. Paper work should have been given to you stating what things to expect
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Old Jun 16, 2009, 07:58 PM   #4  
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Yes, in our area it was standard procedure to do radam ( but not often) drug tests on everyone.

If of course when reporting, you show signs of drug use, most will.
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Old Nov 2, 2009, 06:47 PM   #5  
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Yes they can drug test you regardless of it being in your file or not

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JimGunther disagrees: Not in Maryland
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