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Will I be drug tested after receiving a charge for drug paraphernalia?

Houston, TX |

I received a charge for drug paraphernalia recently and have a court date coming up. I was just wondering if there is a chance of me being drug tested for this.

Side-note:
I've had anxiety for as long as I can remember and only started smoking as an attempt to stop it and it really does help. If there is any way possible for me to be able to continue smoking (albeit much more carefully than before) that would be optimal.

Attorney Answers 3


  1. For a misdemeanor you should just have to pay a fine. I don't think you will be tested. Only if you are placed on some form of supervised probation. But definitely consult with an attorney in your area because every state is different. If you lived in Oregon you could get a medical marijuana card and smoke freely with no worries. And it's already been legalized in Washington and Colorado for recreational use. Good luck and don't let this cause more anxiety for you. It's a victim-less and harmless drug.


  2. If you get probation, they could 100% ask you to test.


  3. Did you receive a citation for a Class C paraphernalia charge, or a Class A? Big difference. As the other attorneys have stated, you will most likely not get tested, unless you show up to court intoxicated. Then the judge can test you, if he/she deems necessary.

    My answers are not intended as anything more than an educational response to generic questions posted on this site.

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