46-1-1111. Drug testing. (1) The drug treatment court team shall ensure fair, accurate, and reliable drug testing procedures.

Terms Used In Montana Code 46-1-1111

  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Drug: includes :

    (a)a controlled substance, which is a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession;

    (b)an illegal drug, which is a drug whose manufacture, sale, use, or possession is forbidden by law; or

    (c)a harmful substance, which is a misused substance otherwise legal to possess, including alcohol. See Montana Code 46-1-1103

  • Drug offender: means a person charged with a drug-related offense or an offense in which substance abuse is determined to have been a significant factor in the commission of an offense. See Montana Code 46-1-1103
  • Drug treatment court: means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant to end the participant's addiction to drugs and to cease criminal behavior associated with drug use and addiction. See Montana Code 46-1-1103

(2)A drug offender must be ordered to submit to frequent, random, and observed drug testing to monitor abstinence.

(3)The results of all drug tests must be provided to the drug treatment court team as soon as practicable but, in the event of a positive drug test, not later than 7 days from the test.

(4)Anyone in receipt of drug test results shall maintain the information in confidentiality.

(5)A drug offender is responsible for costs, pursuant to 46-1-1112(2).