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    tiger7113's Avatar
    tiger7113 Posts: 1, Reputation: 1
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    #1

    Jul 1, 2008, 07:57 AM
    Probation and Drud tests
    I'm on probation for a drug charge, and I'm prescribed narcotics for my back. If they drug test me am I safe as long as I have a legal prescription ?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 1, 2008, 08:18 AM
    Yes as long as you tell them before the test
    Take the bottle and show them.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Jul 1, 2008, 08:44 AM
    Have you discussed this with your probation officer at all? You should discuss this prior to taking any drug tests at all. You may want to even bring a dr's note stating why you need this medicine along with the actual bottle (you can leave the pills at home and just bring empty bottle if you wish). If you do this prior to any testing, there will be no problems.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jul 2, 2008, 07:52 AM
    Hello t:

    If you DIDN'T clear your LEGAL drugs with your probation officer to begin with, you MAY be in trouble.

    The PROBATION OFFICER wants to be in charge of what drugs you take - NOT your doctor.

    I know, it doesn't make sense... So, what else is new?

    excon
    JimGunther's Avatar
    JimGunther Posts: 436, Reputation: 38
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    #5

    Jul 14, 2008, 03:25 PM
    I was a probation officer for 13 years and can tell you that if a probation officer tries to interfere with drugs legally prescribed by a doctor, they could face some serious liability issues. The court-ordered drug tests we conducted were geared around the prescription drugs the offender was ordered by his doctor to take. If there were any questions or problems related to drug tests and lawful prescriptions, we had a number to call at the state chemist's office and we had a long chart that showed how various drugs would appear when we did our drug tests.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Jul 14, 2008, 04:28 PM
    Hello again, Jim:

    I have a prescription for medical marijuana from my doctor, and I live in a state where medical marijuana is legal. Are you telling me that if I was on probation, my PO would allow me to smoke pot??

    Even in liberal Washington I don't think they would.

    excon
    JimGunther's Avatar
    JimGunther Posts: 436, Reputation: 38
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    #7

    Jul 14, 2008, 05:46 PM
    You are addressing the issue I have raised in other posts-the states do not have the power to "nullify" federal laws, but, bowing to popular pressure, they attempt to "legalize" the possession of drugs that are prohibited in the whole United States by federal law.

    Remember, I said "legally prescribed" prescription. In a case like that, I would still not interfere with the taking of a prescription if it could be verified as prescribed by a doctor but would file a violation of probation report based on a positive drug test and violation of the Uniform Narcotics Act. I would point out that a doctor had prescribed the drug and let the judge decide what to do.

    The PO is never the final authority in such matters, the judge who placed the person on probation is. States should not try to "nullify" federal laws and this situation is a good example of the problems such goings-on cause.
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