People are often confused about the drug and alcohol evaluation and whether testing positive for marijuana/THC will “hurt” the results of their chemical dependency assessment. Generally, if you test positive for THC, it will not be a good thing for your evaluation.
Reason #1 – Risk of Extra Treatment
Since you are already facing some type of criminal charging action that involves drugs or alcohol (even if not directly related, such as an Assault charge), there is a presumption that you have an issue with drugs and alcohol. Additionally, the evaluator is looking for “signs” to confirm this issue. Showing up to a chemical dependency assessment to evaluate the severity of your issues while testing positive for substances creates a confirmation bias. While the evaluator understands that it takes takes or weeks to clear out THC, any level of THC is not great.
If you have already taken the UA and tested positive, one possibility is to ask the assessment agency if you can take a second urinalysis a few days or weeks later. This UA should be totally negative of all substances so the evaluator can see that you are taking the legal issue very seriously and are not using alcohol or drugs to cope or because you are dependent on these substances. Of course, the best path is to have a “clean” UA test at your initial evaluation. It prevents the risk of being assigned a lot of treatment.
Reason #2 – Employer Policies
Some clients are required by their employee handbooks to notify the employer of their arrest. Some go further and require updates on the case to determine if the person can remain employed. If the employer wants updates on your case, including evaluations or your risk of needing to do time-intensive chemical dependency treatment, a positive urine test for marijuana, regardless of whether it is legal, may not send the correct impression to your employer. If they are holding your position but believe you are not taking the situation seriously due to ongoing drug use, it is possible that you may lose your job.
Reason #3 – Court Conditions
In most criminal cases that involve any report of alcohol or drug use (again, even if the charge is not a DUI or drug-related offense), the judge will typically order the defendant to refrain from using any drugs or non-prescribed drugs while the case is pending. So, when you show up to your drug and alcohol evaluation and you test positive for THC, the presumption is that you are still using drugs. Essentially, you are violating a court order.
The assessment agency may require you to return in a week to establish a clean UA or, if it is pretrial services doing the testing, it may get reported to the court. Violating a court order is a very big deal and can result in your conditions of release being changed (i.e. bail being increased or imposed, being taken into custody, etc.)
Reason #4 – Professional Licenses
Many people hold professional licenses that require you to have no criminal history and no issue with drugs and alcohol. Some licenses have additional requirements to report arrests rather than just convictions. In those cases, it can be a double whammy if the person has to report an arrest as well as a positive UA for alcohol or any type of drug.
For example, if you are a doctor who gets arrested for a DUI, you will likely have to report that arrest. However, your licensing agency will likely wait until the end of your case to determine the action it will take in response. The doctor may not lose her license depending how the case is resolved and if a determination of “no significant problem” is made by the assessment agency.
However, it is a very different picture if the doctor shows up for the evaluation and is testing positive for THC. The licensing agency will likely consider this test in its determination for retaining licensure or whether additional intense or in-patient treatment and routine monitoring will be required by the agency regardless of the resolution of the criminal case.
But Marijuana Is Legal!
Just because marijuana is legal for adults in the State of Washington does not mean it won’t negatively impact a drug and alcohol evaluation. Testing positive for any drug can mean additional treatment and it can also limit options that your defense attorney has for a quick resolution.
Always tell your defense attorney if you think you could might test positive for alcohol (some agencies have very sensitive tests that will pick it up for up to 7 days) or positive any drug at your chemical dependency assessment. Depending on the timeline and circumstance of your case, there may be options to delay the assessment.
If you are facing a DUI or other misdemeanor offense in Kitsap, Thurston, or Clark counties or the cities in those areas, please reach out to our attorneys. We are here 7 days a week to help. (360) 792-1000
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Whether you choose to handle your case alone or engage the Witt Law Group, being informed and prepared is essential. Early involvement of an attorney can significantly impact your chances of a fair recovery, allowing you to focus on healing while we handle negotiations with insurance adjusters to secure fair compensation for your injuries.
