Do you get drug tested for misdemeanor probation

If you’re one of the 4.5 million people on probation in the US, you know that remaining drug-free is important, as you’ll likely be subject to random drug tests. Any street drugs are off-limits while you’re on probation and in some cases, you can’t drink alcohol either.

An increasing number of these people on probation are searching ‘what to tell your probation officer when you fail a drug test’ on Google.

So what happens if you fail a drug test on probation? We’ve got the answers for you. Read on to learn more. 

Drug Testing on Probation 

While the specific rules vary by jurisdiction, most probationers must agree to refrain from any drug use as part of their probation conditions. During regular meetings with probation officers, they are often subject to drug tests. You may be tested every time you meet with your probation officer or it could just be random and you must submit to a test at any time while you are on probation.

Typically, the testing is a urine drug test that tests for any illicit substances, like marijuana, opiates, methamphetamine, cocaine, PCP, amphetamines, benzodiazepines, barbiturates, ecstasy, and oxycodone. If you test positive for prescription drugs that you do not have a prescription for, such as pain killers or amphetamines, you could be subject to penalties for a failed drug test. 

What Happens if You Fail a Drug Test on Probation? 

Many people wonder if you can fail your first probation drug test; and the answer is an obvious yes.

But what do you tell your probation officer when you fail a drug test? And if you fail a drug test on probation, will your PO call you?

The penalties for failing a drug test usually increase with severity depending on how many times it has happened (if you fail a drug test on probation for the first time, its likely to be more lenient) before and whether you are following the other conditions of your probation or not. Your probation officer will bring up your failed drug test in your next meeting, they don’t usually call or contact you prior. Some of the possible penalties include: 

A Warning

If it’s your first violation or first failed drug test, your probation officer may simply give you a warning. The warning will go into your probation file and if you fail a drug test once again, your penalties will likely increase. If you receive a warning, it is wise to cease all drug use moving forward. 

Community Service

Another potential penalty could be community service hours. If it’s your first offense, your probation officer might require you to complete community service hours. Even if it is your second offense, your probation officer may still be willing to give you another chance and punish you with community service. 

Rehabilitation 

If it is your second or subsequent offense and you have a clear drug problem, you may be required to complete a drug rehabilitation program. This could be an inpatient program or an outpatient program that you attend while still going to school, work, etc. 

Probation Revocation 

If you continue to violate your probation by failing drug tests, your probation officer may decide to request that your probation is revoked. A judge will make this decision and then they will decide what your punishment will be. Typically, you will have to finish your sentence in jail if your probation is revoked. 

Probation Drug Testing is Serious 

What happens if you fail a drug test on probation? You might end up in jail. Failing to abide by your probation conditions can have serious consequences, especially if violating them is a regular occurrence. 

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When a person is under court probation, drug testing is usually one of the conditions that a judge will instate to the defendant (amongst other things). This is to minimize the risk of people repeating their offense under the influence.

Of course, this is dependent on the type of offense you may have committed; some people will not be required to undergo regular drug testing if the judge feels like it’s unnecessary. Crimes and misdemeanors that involve illicit substances, however, will usually convince a judge that a drug test is required.

The best way to pass a probation drug test, however, is to not do drugs at all.

That’s it. That’s the article.

Just kidding, we’re aware that people will slip, or they might need to take THC or CBD to calm their anxieties, or any other reason aside from doing drugs to commit illicit activities. We get it, but the courts won’t (breaking any of their conditions could land you an additional felony probation violation offense), so here are some helpful, safe, and above all, LEGAL, ways to pass a probation drug test.

Types Of Probation Drug Tests That You Might Encounter

In general, probation drug tests will usually use 4 common types of screening tests to look for various types of drugs, from amphetamines and cocaine to opioids and THC/CBD. The latter is probably the most common drug that people take, and the one that generates so much discussion in terms of legality and safety. This article is focused on passing probation drug tests that look for THC/CBD.

Urine Test

The most common type of drug test that probation officers use, a urine drug test, also known as a urine drug screen or UDS, is the most popular type of test because it is non-invasive, easy to perform, cheap, and results tend to come out faster than the other types of tests.

Hair Follicle Test

Less common than the UDS, a hair follicle test uses a small sample of a person’s hair to detect the presence of THC and other types of drugs. It’s much more accurate than urine drug tests because hair stores drug metabolites a lot longer than urine, making it harder to pass. However, the hair follicle test requires a very long time for results to come out, making it less popular for probation officers who need results ASAP.

Saliva Test

Also known as an oral fluid test or a mouth swab, the saliva test is relatively new to drug testing but is fast becoming a popular alternative to the UDS. Like the UDS, the saliva test is fast, easy, and hard to tamper with. Unlike the UDS, however, the saliva test is only accurate within a few hours of a person taking THC.

Blood Test

The most accurate type of drug test, a blood test can detect the parent drug in a persons bloodstream and not just metabolites. Unfortunately, blood tests are also the least popular type of drug test because it is expensive, invasive, and requires medically trained supervisors to administer it, not to mention specialized medical equipment.

Regardless of which type of test is administered, there are some ways to pass it.

NOTE: we do NOT condone faking drug tests! These are all legal, and most importantly, SAFE, ways to pass your probation drug test. Do NOT try to cheat your drug test results, as this will land you a criminal offense. Ask your trial lawyer about more specifics, but in general, the best way to avoid getting any additional strikes on your record is to not take drugs during probation.

When it comes to a urine drug screen, or UDS, there is one approach that is proven to work: a significant increase in your fluid intake. Drinking plenty of water (at least a liter of water per hour for 3 hours before the test) will help your body cleanse itself of toxins and flush out all the THC metabolites in your system.

But take note: drug test technicians are aware of this trick, and they’ve started rejecting urine samples that are over-diluted. This is because an over-diluted urine (that is, urine that is mostly water) messes with the accuracy of the test results.

To get around this, it’s best to take other types of fluids with the water, such as electrolytes, and vitamins like B2. These 2 substances will help your kidneys process the amount of water going into your system and will help maintain a ‘normal’ type of urine in your system. The B2 vitamins will also help you remain in homeostasis and prevent your body from losing too many essential minerals.

Again, the best way to pass the probation drug test? Don’t do drugs in the first place. If it’s unavoidable, try to ask the court for special permission (bring your doctor’s note or prescription).

How to Pass Probation Drug Test: Hair Follicle Test

The hair follicle test is much more difficult to pass because of the way hair holds on to THC metabolites. Aside from not doing drugs in the first place, the best way to pass this test is to go on a detox diet that’s rich in vitamins and minerals and supplement it with niacin and vitamin B3. These 2 vitamins help your body trigger histamines that cause your blood capillaries to dilate, meaning more metabolites are eliminated via sweat. This is why it’s also recommended that you sweat on a regular basis, either by regular exercising or by going to a sauna on a regular basis.

Alternatively, you can also try using detox shampoos to help remove the metabolites that are already present in your system. Detox shampoos use a special formulation that clean out the layers of oil from your scalp and help dissolve the toxins within the follicles themselves.

Do NOT try to shave off the hair on your head! Most probation officers are aware of this trick, and they might cite it as a possible violation of your probation. Don’t try to cheat the system.

How to Pass Probation Drug: Saliva Test

A saliva test is relatively easy to pass, unless, of course, it’s given suddenly and without warning. Again, other than not doing drugs in the first place, there are a couple of ways to go around this.

Because a saliva test looks for traces of THC in the lining of your oral cavity, the act of simply not consuming marijuana in any form for a day or a week can help you pass this test. In fact, some experts believe that stopping marijuana consumption for as little as 6 hours before a saliva test is enough to give you a negative. But just to be safe, avoid marijuana usage for at least a week, or more (or better yet, don’t take it at all).

Proper oral hygiene can also help you pass a court-mandated saliva test: brush your teeth regularly, use an antiseptic mouthwash after brushing, and regularly floss to make sure that there are no contaminated food particles that might give you a positive on the drug test.

How to Pass Probation Drug Test: Blood Test

Don’t even try; the blood test is extremely accurate, and while it does have a relatively short detection window, it’s still not a good idea to try and do things that will make you pass it. Our advice? Just don’t do drugs at all.

Final Words

Regardless of where you stand, just remember: aside from 11 states, the use and possession of marijuana is illegal. So if you’re in the other 39 states and you feel like sparking up, remember that this could land you in jail, and if you’re on probation, it can land you back in jail. So at the end of the day, if you want to pass a probation drug test, just don’t do drugs.

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