Tested positive on a drug test

[Samiam69]

What is the name of your state (only U.S. law)? Texas

My daughter (age 16) went to court the other day and the judge said he would let her out if I would take a drug test. I tested positive for marijuana. The judge is setting me up with a probation officer and allowed my daughter to go home after saying he would not if I tested positive.

I had a prescription for medical marijuana from another state when I lived there but in my state (the one I live now) it is illegal. I am on pain medication now and I explained this to the judge. I am trying to change my daughter probation officer for many reasons and when I spoke to her supervisor the today he keeps throwing over my head "you tested positive for marijuana and you may not be a good parent for her" and I should leave well enough alone. He is being very difficult.

I am waiting for a PO to call me to discuss what counciling I need.

Can they press charges against me? Can they do anything to me? Do I have anything to worry about?

 

[Zigner]

You should seek the advice of an attorney.

 

[Samiam69]

I thought that was the purpose of this forum to help and give advice?

 

[Isis1]

I thought that was the purpose of this forum to help and give advice?

Your particular situation calls for more attention and experience than we can offer you. I am sorry.

 

[Antigone*]

I thought that was the purpose of this forum to help and give advice?

You are in danger of criminal charges, in addition to having your child removed from your custody. An internet forum is not going to offer you any more help other than to advise you to get legal counsel

You got good advice. I suggest you use it.

 

[Samiam69]

What type of attorney do I need?

 

[swalsh411]

It's highly unlikely that charges would be pressed against you for failing the drug test if that is what you're worried about.

 

[George1776]

I would not get an attny unless they charge you ... & if they charge you don't say 1 word to the cops ; I dont know why a judge would let your kid out based on YOU passing a drug test.

More to this than meets the eye. From what is written, you aint getting your kid for a while.

Kudos on smoking dope, how's that working out for you? Stop smoking dope, there's some good advice.

Not all states are goofy like California when it comes to drugs.

 

[Samiam69]

I was in New Mexico and in pain management. In NM marijuana is legal for pain. I moved to Texas and it is not legal here. They put you on strong pain killers (like they are good for you) Actually, the marijuana works a whole lot better, no withdrawals when not in pain. Now, on pain meds you have to take them when you are NOT in pain so you do not get withdrawals. I wish Texas would legalize it. It works!! enough said on that

My ex wife told the police that I smoked and that is why the judge did what he did so I am told by the PO. I go back in two more weeks for another drug test but I will be clean. Have not hit anything since Dec 1. I just took a UDT for my Drs apt Monday and it came out negative.

I just want to change the PO for her because this one is a real biotch and making life difficult and her supervisor is just as bad as she is and he keeps saying you can't be too good of a dad if YOU smoke too. He is using that as a crutch and I am not letting him BUT....I wanna make sure I can not get into any trouble legally. I do not think so either because the judge DID release her top me and just said I would have to retake another test in 4 weeks and speak to a drug councilor. They think they are god. ... So, there really is not too much more to the story besides she was arrested in the first place for possession of half a joint.

 

[Samiam69]

It's highly unlikely that charges would be pressed against you for failing the drug test if that is what you're worried about.

This is what I am worried about...plus losing my daughter because of it. I am sure I am making a big deal out of nothing but I need peace of mind.

 

[Proserpina]

I was in New Mexico and in pain management. In NM marijuana is legal for pain. I moved to Texas and it is not legal here. They put you on strong pain killers (like they are good for you) Actually, the marijuana works a whole lot better, no withdrawals when not in pain. Now, on pain meds you have to take them when you are NOT in pain so you do not get withdrawals. I wish Texas would legalize it. It works!! enough said on that

My ex wife told the police that I smoked and that is why the judge did what he did so I am told by the PO. I go back in two more weeks for another drug test but I will be clean. Have not hit anything since Dec 1. I just took a UDT for my Drs apt Monday and it came out negative.

I just want to change the PO for her because this one is a real biotch and making life difficult and her supervisor is just as bad as she is and he keeps saying you can't be too good of a dad if YOU smoke too. He is using that as a crutch and I am not letting him BUT....I wanna make sure I can not get into any trouble legally. I do not think so either because the judge DID release her top me and just said I would have to retake another test in 4 weeks and speak to a drug councilor. They think they are god. ... So, there really is not too much more to the story besides she was arrested in the first place for possession of half a joint.

THIS is why you need an attorney.

 

[Samiam69]

SHE has an attorney and went to court...remember THE JUDGE released her TO ME. She is on 30 days house arrest and going to court in 3 weeks to see what type of probation she will be on.

 

[Proserpina]

SHE has an attorney and went to court...remember THE JUDGE released her TO ME. She is on 30 days house arrest and going to court in 3 weeks to see what type of probation she will be on.

There's a reason why I said what I said in the last post.

Start reading the Family Law forums and maybe you'll figure it out.

 

[CavemanLawyer]

In Texas you cannot be charged with possession of any drug or marihuana based on it being in your system. The only thing they could have charged you with is public intoxication if you were in fact intoxicated on it in their presence. So I'd say you are absolutely safe criminally so long as you get rid of all of your marihuana. Your prescription for marihuana is meaningless.

As others have suggested, your marihuana use is now brought to the attention of the court and your child is already viewed as being at possible risk, so your problems are family law based and probably not criminal.

You have absolutely not say so in which probation officer your daughter gets assigned to. You can ask someone at probation to make the transfer but they have no obligation to find a po that you and your daughter get along with. Part of probation is doing whatever the PO tells you to do within the guidelines of your probation terms. So the whole point is to suck it up and just do it.

 

[Samiam69]

In Texas you cannot be charged with possession of any drug or marihuana based on it being in your system. The only thing they could have charged you with is public intoxication if you were in fact intoxicated on it in their presence. So I'd say you are absolutely safe criminally so long as you get rid of all of your marihuana. Your prescription for marihuana is meaningless.

As others have suggested, your marihuana use is now brought to the attention of the court and your child is already viewed as being at possible risk, so your problems are family law based and probably not criminal.

You have absolutely not say so in which probation officer your daughter gets assigned to. You can ask someone at probation to make the transfer but they have no obligation to find a po that you and your daughter get along with. Part of probation is doing whatever the PO tells you to do within the guidelines of your probation terms. So the whole point is to suck it up and just do it.

Thank you, an answer that makes sense and helpful