should i be made to take random drug tests for non drug related crime
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should i be made to take random drug tests for non drug related crime
i am on da supervision and they require me to take random drug tests. The problem
im having with this is that my crime was non drug related. can they
constitutionally do this? i would think it would fall under the cruel and unusual
punishment catagory
Asked on May 20, 2019 under Criminal Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It is not punishment and it is not cruel: it is providing a urine or blood, etc. sample, nothing more. It is not "unusual" in that it is common and accepted. As such, it is constitutionally unobjectionable. There is no right to be on supervision, as opposed to being incarcerated; it is an option given voluntarily to suitable candidates. It being an option, not a right, they can impose essentially whatever conditions they want on it--including ensuring that somone who gets the benefit of supervision, not incarceration, does not use any illegal drugs.
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