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    reccegod79's Avatar
    reccegod79 Posts: 1, Reputation: 1
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    #1

    Jan 25, 2010, 12:56 PM
    Can you fail your 1st Probation Drug Screen?
    I was arrested last year for Possession of MJ, and I just recently went to see my PO. I am being drug screened, and I have taken my first test. I'm not sure I'll pass, as I last used pot about 3 weeks ago, and was a fairly regular smoker prior.
    I'm not currently smoking, and don't intend to. I've gotten married and started a respectful career since. I am very appreciative of my second chance and don't want to blow it.

    So... Does anyone know with reasonable certainty whether I can fail the first test? Most threads I've found lead towards yes, but every other test must be substantially lower to show that you aren't still using.
    Secondary question: I got my Poss. Charge reduced to Disorderly Conduct (I was a first offender, with ZERO on my record), but can they bring back the Poss. If I fail this first test? I plead guilty straight up to the DC charge, there's no deferrment or other stipulation attached to my charges.

    Any help is greatly appreciated, and I can provide more detail if necessary
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jan 25, 2010, 03:06 PM
    Quote Originally Posted by reccegod79 View Post
    I was arrested last year for Possession of MJ, and I just recently went to see my PO. I am being drug screened, and I have taken my first test. I'm not sure I'll pass, as I last used pot about 3 weeks ago, and was a fairly regular smoker prior.
    I'm not currently smoking, and don't intend to. I've gotten married and started a respectful career since. I am very appreciative of my second chance and don't want to blow it.

    So... Does anyone know with reasonable certainty whether or not I can fail the first test? Most threads I've found lead towards yes, but every other test must be substantially lower to show that you aren't still using.
    Secondary question: I got my Poss. charge reduced to Disorderly Conduct (I was a first offender, with ZERO on my record), but can they bring back the Poss. if I fail this first test? I plead guilty straight up to the DC charge, there's no deferrment or other stipulation attached to my charges.

    Any help is greatly appreciated, and I can provide more detail if necessary
    If the court ruled that you must maintain absolute sobriety, then yes, you can fail. It's not like the nicotine patch; you don't get to gradually reduce the marijuana in your system step-by-step.

    I'm not following your second question. If you got the charges reduced but are on probation then yes, there is a stipulation attached. You need to stay clean, and you haven't.

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