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  1. #1
    Join Date
    Oct 2015
    Posts
    3

    Default Can Probation Give Drug Tests if Not Explicitly Authorized by Your Sentence

    My question involves criminal law for the state of: CA. I am on probation for a non drug related crime and i have been to my probation meetings 3 times have not been tested. In my court order the box is not checked saying i have to submit to drug testing. I also have my marijuana card. Are they not allowed to test me am i just being way too paranoid? i am just looking for more conformation i think its just all in my head.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Can Probation Give Drug Tests if Not Explicitly Authorized by Your Sentence

    Your court order may not have asked for drug testing but, your probation officer may have the latitude to order drops on their own. The court order is only asking that you monitor and report specific matters to the court. The probation department often has a completely separate set of regulations that defendant's are to abide by while on paper.

  3. #3
    Join Date
    Oct 2015
    Posts
    3

    Default Re: Can Probation Give Drug Tests if Not Explicitly Authorized by Your Sentence

    I don't have anything in my papers besides the court orders.. I have not signed anything with probation saying they can do as they please.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can Probation Give Drug Tests if Not Explicitly Authorized by Your Sentence

    If they are not asking for a test, what has you concerned?

    If you don't show up at your probation meetings drunk, baked or smelling like weed, then there shouldn't be a problem.

  5. #5
    Join Date
    Oct 2015
    Posts
    3

    Default Re: Can Probation Give Drug Tests if Not Explicitly Authorized by Your Sentence

    Because i smoke marijuana. And i have bad anxiety when it comes to things like this. I also look like no other person in there. The supervisor of probation in fact said my case was stupid.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can Probation Give Drug Tests if Not Explicitly Authorized by Your Sentence

    There is nothing we can do to relieve your anxiety. If you are afraid of being forced to test, then stop smoking dope. If you have not been tested and no test has been ordered, yet, you may not be required to test at all. Generally, this will be included in your probation orders. Cases that generally do not involve drugs or alcohol even indirectly will often NOT have testing as a requirement.

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