I am currently on probation for one year for gun possession oui. I currently smoke marijuana everyday, and since the verdict I have been clean 5 days. I have 20 more days until my first probation meeting. I have no record of drug use with the court, only alcohol, including an MIP (alcohol related) more than 5 years ago. My question is do probation officers administer drug tests even though they know I have no record of drug usage? And if they do, and it comes back positive, what would be the outcome? Worst case scenario, I would admit to using only because I have anxiety (which I take prescription pills for), my wedding is coming up in 2 months, and its hard for to handle all of this stress.

There is NO legitimate excuse for using illegal drugs... be prepared to produce proof of legal prescriptions for those you are taking legally.

If they test you, and you fail... you get violated and go back to jail.

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Originally Posted by smoothy

There is NO legitimate excuse for using illegal drugs...be prepared to produce proof of legal prescriptions for those you are taking legally.

If they test you, and you fail...you get violated and go back to jail.

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I would agree with you about the "no excuse" part coming from the probation officers standpoint. Although, is your answer a fact? Because I have been doing a ton of research, and I found 3 universal answers (although every situation is different). Either I continue on probation with a warning, extended circumstances for completing probation (example, classes, community service, etc.), or straight to jail. But if it's a first time violation with no priors of drug use... ughhh I have no idea what to think. Thank you for your answer though.

I am guessing it's a misdimeanor so dropping on a drug test would violate your probation. In my case, my PO said if I dropped dirty for alcohol, I would serve the remainder of my 93 days in jail (which would be 92 because I spent one night in the drunk tank).

I live in a different state then you do and PO's are all different and recommend different things and operate differently.

Why don't you just stop smoking marijuana and stop using stress as an excuse to validate your illegal hobby? You're already on prescription pills for this 'anxiety' so what's the need for the sticky icky?

I too, use to smoke everyday back in H.S. Then I grew up and real life smacked me in the face.

BAck to your question though. Its also dumb for you to think you can only be tested during your reporting days. Your PO can send you for a test whenver he wants to. Whether you're apart of a color line or rotation screen. At least in my state they can.

Oh, and I do have a doctors note, and all prescription information on my pills which I take legally.

Thank you for your answer student. I prefer marijuana because I hate pills, and the feeling that comes from it is much more comforting and relaxing than prescription drugs and all of their side effects. Back to the original problem, I had no idea they could call me or mail me and tell me to come in any time for any reason. That makes it a little easier for me to work on staying sober. Do probation officers let you off early for good behavior?

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Originally Posted by Dcadams31

I would agree with you about the "no excuse" part coming from the probation officers standpoint. Although, is your answer a fact? Because I have been doing a ton of research, and I found 3 universal answers (although every situation is different). Either I continue on probation with a warning, extended circumstances for completing probation (example, classes, community service, ect.), or straight to jail. But if its a first time violation with no priors of drug use....ughhh I have no idea what to think. Thank you for your answer though.

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Depends on what country you live in... In the USA we take probation violations seriously... and a lot also depends on what you were on probation for to begin with.

What you don't understand is that when you go on probation you probably took some sort of test or a "get to know me" quiz for your PO. So if you fail your test and your judge sentences you (to jail or longer probation or whatever) do you think he's going to do this sentencing of the top of his head or just for kicks? No. Your PO has something called a recommendation that the judges in my area anyway, listen to for the most part.

Whether its your first offense, or 10th offense, your PO will have a recommendation for you and the judge will decide upon the outcome. My PO specifically told me that if I fail a drug test if I was ordered to take one (because I am non-reportable I don't take on but he can ask me at anytime) than I will finish my 93 day sentence. Point blank.

Again, it depends on a lot of things but this is how it is in my current situation.

As for the letting you off for good behavior? It's not good behavior if you stop smoking weed. Its following the law. My PO did say that if I pay my court costs before my probation ends, he would put in a recommendation to end my probation. Again, this is my situation.

Its really up to your p.o... sometimes they themselves are required to give you a drug test by there superiors... but in NON drug related crimes... it won't be very often... like every 3 report dates I'm sure.

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Originally Posted by Dcadams31

Thank you for your answer student. I prefer marijuana because I hate pills, and the feeling that comes from it is much more comforting and relaxing than prescription drugs and all of their side effects. Back to the original problem, I had no idea they could call me or mail me and tell me to come in any time for any reason. That makes it a little easier for me to work on staying sober. Do probation officers let you off early for good behavior?

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In some cases they'll let you off early... considering all probation fees are at least half paid off.. even more so if ALL paid off... and with good behavior.. meaning no involvement with the law, showing up to all required classes and completing them and always clean drug tests... but that's here in Texas.. the STRICTEST state when it comes to being on papers...

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Originally Posted by Dcadams31

Thank you for your answer student. I prefer marijuana because I hate pills, and the feeling that comes from it is much more comforting and relaxing than prescription drugs and all of their side effects. Back to the original problem, I had no idea they could call me or mail me and tell me to come in any time for any reason. That makes it a little easier for me to work on staying sober. Do probation officers let you off early for good behavior?

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Probation officers don't "let you off early" - the judge decides this provided you successfully complete all your judge imposed orders and have completed more than half of your probation. If you have a year to do, you may not get off early. Best to check with your attorney on this question. And yes, probation officers CAN order on the spot drug testing when you report in for your first meeting or ANY reported meeting with them. It does not matter in some states what you were convicted of whether it be theft charges, etc. they CAN and WILL routinely drug test you when you report in person to them on a monthly basis. And as for the "legal" drugs you take you had best contact your attorney on this as some PO's do not like this and this may cause you more grief than you need down the road if the PO finds out about the drugs and violates you for them.. script or no script.

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Originally Posted by Dcadams31

Oh, and I do have a doctors note, and all prescription information on my pills which I take legally.

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Depending on the type of drugs you are "legally" taking you may NOT be able to continue taking them regardless of what your doctor says. Check with your attorney before you end up violated by your PO. Some states require the JUDGE to approve of your "legal" drug taking. Don't guess... consult your attorney ASAP!