Methadone maintenance treatment and drug court?

[gideon]

I recently got arrested for a DUI and 2 possession of Controlled Dangerous Substance charges. Considering that it was my first time getting arrested, and I have drug charges, I've heard from many people that I will probably end up in drug court. This is okay with me; however, I go to a Methadone clinic, I'm trying to get off opiates. Will this be okay to continue if I go through drug court? I know they drug test for methadone...my question is will it be okay to be on methadone treatment in drug court? Or will I get in trouble for failing drug tests for methadone even though it's because I'm in treatment? I live in Oklahoma, which is one of the strictest states on drug laws. This is really concerning me...because when I was in jail And off of methadone for 3 days I started going through horrible withdrawals...should I even be worrying or will it not be a big deal? My lawyer seems to think that I'll be okay, but I don't really know....can anyone provide me with LEGITIMATE information???I'm doing NA meetings and counseling as well to try to help myself, I'm truly trying to get away from drugs completely now.

[caspar99]

Every drug court is different but some do in fact have a problem with "clients" being on methadone. Some courts have required methadone patients to get off methadone or risk going to jail. However, this is ILLEGAL! Drug court, probation/parole officers, etc. can not legally punish you for being in a methadone program or force you to get off. Some try and if they do it's important that you know you're rights.
As a recovering drug addict who is in legal, legitimate treatment you are covered by the Americans with Disabilities Act (ADA). This act states that no public agency, etc. can discriminate against someone for getting treatment for addiction among other things. You should be treated no differently than anyone else taking prescription medication. This is a federal law and drug courts have to abide by it. There is unfortunately a lot of ignorance about the ADA and what it says so it's possible that a drug court judge or staff don't know that they can't require a defendant to get off methadone or give them any consequences because of it. If need be I suggest that you educate the judge or staff and let them know that the ADA makes it illegal for them to discriminate against you. If that doesn't work you should contact the Legal Action Center (www.lac.org). They work to help methadone patients that are facing discrimination. You have to call their phone number if you experience any problems.

Good luck