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If I'm on Prop 36 & completed all requirements, will I still get drug tested when I go to court to end my probation? (LA county)

Los Angeles, CA |

I am on Prop 36 felony probation (possesion of controlled substance), and have completed all drug classes/other requirements & been discharged (in July) I am due in court in December & just want to know if it is likely I'll be drug tested when I go to court? THC is my only concern...and I want enough time to clean my system if I need to.

***EDIT:*** I have been on probation for 1 yr of a 3 yr sentence. I don't have a court date in December, but it is the cut-off date to complete my requirements. My new questions is: Can I go to court in December and terminate probation early since I've completed the requirements? Or do I have to complete 3 years of probation as well? Also, can I obtain a passport? I know I may need permission, would this be from probation, court, or both?

Attorney Answers 3


  1. Best answer

    There is ALWAYS a potential for drug testing under Prop 36. It's unlikely, however, that you will be tested while in court. Regardless, not a bad idea to be safe rather than sorry. Why risk prison if it's just weed? Good luck.


  2. You should also be aware that the metabolite of THC is stored in your body in fat cells for a long time after smoking. This is particularly true if you smoke regularly. There is always the danger that you'll get a high metabolite reading even if you haven't smoked for months. The Court should have the expertise to know you weren't high the day before but nothing is certain. Don't smoke between now and then.


  3. The court won't order you to test when you show up.

    Edward J. Blum

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