Q: Do you go to jail if you fail the drug test for ptd on the first time? Less then 20 grams of cannabis and paraphernalia.
A: No but you you might get bounced out and be forced to face your original charges.
I cannot speak to the 407 but in the 305, where I have been primarily practicing for the past 23 years, if you fail an initial drug test (whether for pretrial release, probation or PTI/PTD) you will normally be offered a second opportunity to have clean urine in an amount of time that is commensurate with the substance which was detected in your urine (i,e. usually 30 days for marijuana, 3-7 for cocaine, 7 – 14 for opiates, etc). If you test negative on the subsequent go about then you are okay; if not then not so much.
That said, diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney’s Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or “graduate” you from their program.
Please take a look at my Avvo Legal Guide on diversion in Florida. It contains a great deal of information on the subject and should be helpful to you. For your convenience a link follows:
Please see: http://www.avvo.com/legal-guides/ugc/pre-trial-intervention–diversion-what-is-it-and-is-it-right-for-me
I hope that I have been helpful in answering your question.
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney. 
- Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
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