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legality of hair test for drug use

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wkdodge

Junior Member
What is the name of your state (only U.S. law)? california
does california allow hair follicle testing of probationers to determine drug use, or is a urine test the only test required? Can I refuse to submit a hair sample and instead request a urine test without violating probation?
 


Urine is the norm. There is some evidence that hair can be tainted by contact without actually using. Also, hair would still test positive well into your probation so it's difficult to tell if you've been using recently or not.

Have you actually been asked to provide hair, or are you just worrying about it?

Also, don't bother shaving your head, they rarely take it from there anyway. An arm, chest, beard, or pubic hair will do just fine.
 

CdwJava

Senior Member
You must generally comply with orders from probation. If you refuse, you could find yourself back in custody AND they will seize the hair anyway.

Hair follicle tests are not useful in all situations. They can show that a person as around drugs, but they cannot always determine if the individual was actually consuming them. If they DO violate you for a bad follicle test, be thankful, because depending on the substance found your attorney might be able to argue reasonable doubt that it was a recent violation.

In my experience Probation does not request a hair test. Expect urine or possibly blood.


- Carl
 

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