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Saturday, August 26, 2017

When To Refuse A Drug Test

Recent developments in the Philippine government's War on Drugs saw officers of one police district in Manila conducting a "House-to-house" drug testing. Apparently, they were doing the "voluntary" drug testing to a community to clear the are of drug users, and to help drug users enroll in a rehabilitation program.  But a group of human rights lawyers as well as some members of the community are reacting with the police initiative. They say the move is against the constitutional rights of an individual against self-incrimination and right to privacy.  Related News: Why Would The Police Kill A Grade 11 Son Of An OFW?  Meanwhile, the police say that the community drug testing is being conducted in coordination with local community officials and that the house-to-house drug testing is an option for some individuals who prefer to undergo testing in the privacy of their home instead of a common area.  "Advertisements" Which situations require a Drug Test without excuse?  By law, Drug Testing is an integral part of ensuring the safety of the public. However, it should not violate an individual's rights as established by the Constitution. It is however mandatory in certain situations below: applicants for drivers’ licenses applicants for firearms licenses high school and college students officers and employees of public and private offices members of the police, military and other law enforcement agencies those charged with crimes related to drugs - possession, sale, manufacture or transportation of illegal drugs and all candidates for public office, whether appointed or elected Also, note that Republic Act 9165 or the Dangerous Drugs Acts also specifies that drug tests must be done by “government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results.”    "Sponsored Links"  When can an individual refuse a drug test? a high school student can actually refuse a drug test if he/she were picked as part of a sample group in the school's random drug test. His or her name however will be submitted to the Secretary of Education without prejudice or suspicion of drug use. outside a school setting, minors cannot be forced to undergo a drug test without a parent or guardian's consent suspects can refuse a drug test if they were apprehended for a minor crime (penalties are LESS than six years) - even if police profiles the suspect as a user a private citizen, even if he or she is suspected of drug use or into the illegal trade of drugs, can refuse a drug test unless he or she has been charged with drug related offense a private citizen, in his or her own residence, can also refuse a drug test being offered "voluntarily" if he or she feels being pressured by a higher authority  an individual can refuse a drug test if it is conducted WITHOUT a DOH-accredited personnel Also Read: Drug Testing For College - High School Students To Undergo in September   Effects of a Positive Drug Test Result All drug test results must remain confidential unless in cases involving violations of the  Republic Act 9165 or the Dangerous Drugs Acts. Also, a positive test must be backed by a confirmatory test, a second drug test conducted in a lab using a machine - not a testing kit.  For individuals testing positive for drugs, the result itself cannot be used to prosecute the person. Instead, he or she should be given options for treatment and rehabilitation.  Drug use in the workplace of an employee constitutes serious misconduct, which is one of the just causes for termination of said employee.  Policemen and government employees found to be drug users will be dismissed from the service upon positive confirmatory tests, whereas before, they were given a second chance with rehabilitation.
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House-to-house Drug Testing
Recent developments in the Philippine government's War on Drugs saw officers of one police district in Manila conducting a "House-to-house" drug testing. Apparently, they were doing the "voluntary" drug testing to a community to clear the are of drug users, and to help drug users enroll in a rehabilitation program.


But a group of human rights lawyers as well as some members of the community are reacting with the police initiative. They say the move is against the constitutional rights of an individual against self-incrimination and right to privacy.


Related News: Why Would The Police Kill A Grade 11 Son Of An OFW?


Meanwhile, the police say that the community drug testing is being conducted in coordination with local community officials and that the house-to-house drug testing is an option for some individuals who prefer to undergo testing in the privacy of their home instead of a common area.

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Which situations require a Drug Test without excuse?
By law, Drug Testing is an integral part of ensuring the safety of the public. However, it should not violate an individual's rights as established by the Constitution. It is however mandatory in certain situations below:

  • applicants for drivers’ licenses
  • applicants for firearms licenses
  • high school and college students
  • officers and employees of public and private offices
  • members of the police, military and other law enforcement agencies
  • those charged with crimes related to drugs - possession, sale, manufacture or transportation of illegal drugs
  • and all candidates for public office, whether appointed or elected
Also, note that Republic Act 9165 or the Dangerous Drugs Acts also specifies that drug tests must be done by “government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results.”


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When can an individual refuse a drug test?
  • a high school student can actually refuse a drug test if he/she were picked as part of a sample group in the school's random drug test. His or her name however will be submitted to the Secretary of Education without prejudice or suspicion of drug use.
  • outside a school setting, minors cannot be forced to undergo a drug test without a parent or guardian's consent
  • suspects can refuse a drug test if they were apprehended for a minor crime (penalties are LESS than six years) - even if police profiles the suspect as a user
  • a private citizen, even if he or she is suspected of drug use or into the illegal trade of drugs, can refuse a drug test unless he or she has been charged with drug related offense
  • a private citizen, in his or her own residence, can also refuse a drug test being offered "voluntarily" if he or she feels being pressured by a higher authority 
  • an individual can refuse a drug test if it is conducted WITHOUT a DOH-accredited personnel

Recent developments in the Philippine government's War on Drugs saw officers of one police district in Manila conducting a "House-to-house" drug testing. Apparently, they were doing the "voluntary" drug testing to a community to clear the are of drug users, and to help drug users enroll in a rehabilitation program.  But a group of human rights lawyers as well as some members of the community are reacting with the police initiative. They say the move is against the constitutional rights of an individual against self-incrimination and right to privacy.  Related News: Why Would The Police Kill A Grade 11 Son Of An OFW?  Meanwhile, the police say that the community drug testing is being conducted in coordination with local community officials and that the house-to-house drug testing is an option for some individuals who prefer to undergo testing in the privacy of their home instead of a common area.  "Advertisements" Which situations require a Drug Test without excuse?  By law, Drug Testing is an integral part of ensuring the safety of the public. However, it should not violate an individual's rights as established by the Constitution. It is however mandatory in certain situations below: applicants for drivers’ licenses applicants for firearms licenses high school and college students officers and employees of public and private offices members of the police, military and other law enforcement agencies those charged with crimes related to drugs - possession, sale, manufacture or transportation of illegal drugs and all candidates for public office, whether appointed or elected Also, note that Republic Act 9165 or the Dangerous Drugs Acts also specifies that drug tests must be done by “government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results.”    "Sponsored Links"  When can an individual refuse a drug test? a high school student can actually refuse a drug test if he/she were picked as part of a sample group in the school's random drug test. His or her name however will be submitted to the Secretary of Education without prejudice or suspicion of drug use. outside a school setting, minors cannot be forced to undergo a drug test without a parent or guardian's consent suspects can refuse a drug test if they were apprehended for a minor crime (penalties are LESS than six years) - even if police profiles the suspect as a user a private citizen, even if he or she is suspected of drug use or into the illegal trade of drugs, can refuse a drug test unless he or she has been charged with drug related offense a private citizen, in his or her own residence, can also refuse a drug test being offered "voluntarily" if he or she feels being pressured by a higher authority  an individual can refuse a drug test if it is conducted WITHOUT a DOH-accredited personnel Also Read: Drug Testing For College - High School Students To Undergo in September   Effects of a Positive Drug Test Result All drug test results must remain confidential unless in cases involving violations of the  Republic Act 9165 or the Dangerous Drugs Acts. Also, a positive test must be backed by a confirmatory test, a second drug test conducted in a lab using a machine - not a testing kit.  For individuals testing positive for drugs, the result itself cannot be used to prosecute the person. Instead, he or she should be given options for treatment and rehabilitation.  Drug use in the workplace of an employee constitutes serious misconduct, which is one of the just causes for termination of said employee.  Policemen and government employees found to be drug users will be dismissed from the service upon positive confirmatory tests, whereas before, they were given a second chance with rehabilitation.

Effects of a Positive Drug Test Result
All drug test results must remain confidential unless in cases involving violations of the  Republic Act 9165 or the Dangerous Drugs Acts. Also, a positive result must be backed by a confirmatory test, a second drug test conducted in a lab using a machine - not a testing kit.

For individuals testing positive for drugs, the result itself cannot be used to prosecute the person. Instead, he or she should be given options for treatment and rehabilitation.

Drug use in the workplace of an employee constitutes serious misconduct, which is one of the just causes for termination of said employee.

Policemen and government employees found to be drug users will be dismissed from the service upon positive confirmatory tests, whereas before, they were given a second chance with rehabilitation.





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