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I'm a 35 year old professional and resident of the Commonwealth of Pennsylvania. A few years back, made an unwise decision (got into a fight) which led to a misdemeanor plea (harassment) and a penalty of a year's probation. I do not use "street drugs" but am prescribed certain medications including cannabis (seizures). Going back a few months, after having provided several "clean" urinalyses (no illegal substances - only those which I'm prescribed), I go into the testing center and pee in the cup and go - just another drug test... or so I thought...
The next day I recieve a call from my PO informing me that my results came back and that I popped hot for fentanyl. Now, again, I do not use "street drugs" and of all the possible street drugs I tested positive for fentanyl would be the absolute last on the list. Aside from having zero interest in the drug, I am - quite literally - deathly allergic to opiates. So, upon hearing these results I couldn't help myself but to laugh and say "this is a joke, right? There's absolutely no way I could have fentanyl in my system Mr. PO. No way in hell." My PO told me it was not a joke and that I definitively had fentanyl (specifically) in my system. I reminded him that I was allergic to opiates, which he didn't seem to recall my having informed him during our initial intake session, to which he responded "well, maybe you ingested cannabis laced with fentanyl." I am unsure whether people actually lace weed with fentanyl, but in my case it is (or should be) a moot point because I get my weed from the PA dispensaries, which I reminded him again. He was not buying it and informed me that he was going to violate me for non compliance with terms probation. This rattled me.
At any rate, knowing that there is no way I ingested fentanyl - knowingly or unknowingly because had I ingested such unbeknownst to me I would have - without question - gone into anaphylaxis, which did not happen, I opted to pay for a full spectrum analysis. I even went to the pharmacy and bought two at home drug tests - negative for opiates and everything else not "allowed" to be in my system. Two days later I recieved a call from my PO confirming that the full spectrum analysis verified the initial results - positive for fentanyl.
"No way. No possible fucking way... I want to see the results - send me the results," I requested.
"I cannot do that," he replied.
"You can't show me my positive test results for fentanyl in my urinalyses? And, this is the evidence you are presenting for my having 'violated' probation? Do you see where I am coming from," I said.
"Not really, but kinda" he replied and again reaffirmed his inability to provision the requested results citing that his "supervisor said they cannot provide test results and that it is in the courts possession and that they would not share with me either so there's no reason to ask."
This caused me so much stress (for any number of reasons - pick one), that I subsequently had a series of seizures (I have PINES - Psychologically Induced Non-epileptic Syndrome)...
Skipping to the end here (sorry for the dissertation), is this legit? Can I be violated for having supposedly tested positive for a drug I have never taken (and could never use without the very strong likelihood of dying) and those test results be used against me as evidence without allowing me to see the results? Does this not apply to evidentiary discovery because I'm on probation?
Looking for some clarity and advice.
Thanks.
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