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

Asked about 1 year ago - 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.

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. Jeffrey Scott Milstein

    Contributor Level 8


    Lawyers agree


    Answered . 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. Scott David Levy

    Contributor Level 11


    Lawyers agree

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

  3. Jared Seth Robinson


    Contributor Level 14


    Lawyers agree

    Answered . 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.

Related Topics

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Misdemeanor crime

A misdemeanor is a lesser criminal charge, such as trespassing or disorderly conduct, that is punishable by less than one year in prison and/or a fine.

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