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  1. #1
    Join Date
    May 2017
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    Default Can a Probation Officer Make Me Drug Test if Not Ordered by Court

    I'm on probation for a misdemeanor domestic violence. I was in an abusive relationship for many years and I snapped and got charged. My probation paperwork says not to consume alcohol "in excess" not consume at all. Can my probation officer by law require me to test even though the court said that? I don't care so much about alcohol but I have PTSD and small amounts of marijuana help my anxiety greatly.
    Thanks 🙁
    My question involves criminal law for the state of:
    Colorado

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Can Po Make Me Drug Test if Not Ordered by Court

    What does your orders say about drug use in general and to marijuana specifically?

  3. #3
    Join Date
    May 2017
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    3

    Default Re: Can Po Make Me Drug Test if Not Ordered by Court

    I see nothing stated anywhere in the document that says to abstain from alcohol or marijuana. I am scheduled to do an alcohol and substance abuse eval very soon which I don't for see as being an issue mainly due to the fact that I am not a big drinker and I rarely use marijuana only for anxiety purposes.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Can Po Make Me Drug Test if Not Ordered by Court

    If the P.O. asks and you say "no", unless it's part of the order (both your specific order of probation and any standing order applicable to all cases) it would not be a probation violation -- but you could anticipate the probation officer's petitioning the court to add a drug testing requirement to your probation, and you may not like the terms or schedule of a random drop requirement.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can Po Make Me Drug Test if Not Ordered by Court

    The standard Colorado probation conditions include no use of intoxicants and the requirement to submit to random testing. The judge doesn't need to specifically order this.

  6. #6
    Join Date
    May 2017
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    3

    Default Re: Can Po Make Me Drug Test if Not Ordered by Court

    Ok thank you for your replies. There are some in my DV group that have a medical marijuana license so they are allowed and OK for testing. I am frustrated with this whole process, I had never been in trouble before my entire life, I had a reaction to an abusive person and now I am thrown into the same pot as all abusers. And I am constantly being told to stop saying I am a victim and that this is not fair to me. It seems no one cares how I feel.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can Po Make Me Drug Test if Not Ordered by Court

    Your mommy should have taught you; two wrongs do not make a right. How the criminal "feels" is not an operative part of what sanctions are imposed as a result of their conviction.

  8. #8
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Can Po Make Me Drug Test if Not Ordered by Court

    Quote Quoting kelkat
    View Post
    Ok thank you for your replies. There are some in my DV group that have a medical marijuana license so they are allowed and OK for testing. I am frustrated with this whole process, I had never been in trouble before my entire life, I had a reaction to an abusive person and now I am thrown into the same pot as all abusers. And I am constantly being told to stop saying I am a victim and that this is not fair to me. It seems no one cares how I feel.
    Legally none of that abuse you suffered matters as it was apparently never reported. It sucks but you obviously did something to get charged with it and your partner didn't. Also why would you even mess with alcohol or any other drugs while on probation? There are countless other ways to manage PTSD.

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