CONDITIONAL DISCHARGE: Will I be drug tested?

CONDITIONAL DISCHARGE: Will I be drug tested? 

From high school and college students to professionals and seniors, citizens in New Jersey are being arrested for possessing small amounts of marijuana. Coupled with the possession charge, often police officers will also charge an individual with paraphernalia. Paraphernalia includes but is not limited to bongs, glass bowls, pipes, grinders, rollers, and scales – essentially anything used in connection with drugs.

If this is your first arrest for marijuana possession, you may be eligible for a conditional discharge. In short, a conditional discharge is when the court orders an individual to stay clear of any arrests for a set period of time. On the down side, the probationary period typically lasts 12 months and you will have to pay around $800 in fines and fees to the court.  On the upside, when the fines are fully paid and the probationary period is complete, then the charges are dismissed.

But there are stipulations that one must follow when given a conditional discharge, one of which is to pass any and all random drug tests. Clients constantly ask me when will I be drug tested? How often will they test me? Will they give me notice in advance of the test date? The truth is that there is no clear-cut answer. This blog post discusses the drug testing process and how it varies throughout the state.

In our experience, most courts do actually follow through with random drug testing. A small number of towns do not drug test, likely because of the large volume of cases they handle.  Even in the towns that do not drug test, if the accused is arrested again, the case will be re-opened and the defendant will be removed from the conditional discharge program. Out of the jurisdictions that do drug test, the procedure varies.  Some courts tell the defendant how many times they will be tested and on what dates.  Other courts send you a letter in the mail requesting you come in for testing within 3 weeks.  Certain towns allow you to submit urine through your local doctor’s office while other towns require you submit a sample at the probation department. In short, the procedures for drug testing vary between municipalities.

The best advice we give our clients is to be prepared to take a random drug test multiple times throughout the course of the conditional discharge term. It’s better to err on the side of caution because you only are eligible for a conditional discharge once in your life.  If you fail, you will not get a second chance. 

If you are facing a charge of possession of marijuana and have questions about the conditional discharge program, call the attorneys at Roberts & Teeter for a free consultation.