i knwo someone who got caught with marajuana and then his drug test was positive, so he ran, went AWOL, and they foundhim, he came in. Commanders will use drug testing to assess the security, military fitness, readiness, good order, and discipline of their commands and may use the results for punitive and non-punitive (e.g., administrative) actions, as appropriate. Hiring an Experienced Civilian Military Drug Defense Attorney. […] have previously written about positive urinalysis, but I want to discuss more specifics about the decisions of command to prosecute random urinalysis […]. The first time an applicant fails the drug screening, he or she has to wait 90 days and then may reapply with a waiver at the discretion of the particular branch of the military to which he or she is applying. Let us tell you why we're your best military defense lawyers for your case. A common drug testing protocol is to divide the test sample into two portions, testing one immediately and saving the other for a retest, in case of a contested positive result. When a member is notified that he/she has been selected to provide a urine sample for testing, that member generally must provide a urine sample within two hours. A commander may order a member to provide a urine sample based upon a “reasonable suspicion” of drug use or drug involvement. If conducted properly, a positive drug test arising from an inspection urinalysis may be used by the military for action under the UCMJ or for administrative action. These drug tests screen for the presence of marijuana, amphetamines, and cocaine. 1. Colonel Rodrigues has extensive experience in military justice, litigation and administrative processes. You are considered clean if the results are negative at this point. Your young inexperienced assigned defense counsel doesn’t know the secrets beat a drug use case in the military. The Producer provides all significant Info on the topic Use and Dosage available - same are easily to understand and easily to follow. Now, most reading this, and in the jury box immediately assume the Accused knowingly took the drug, such as cocaine. That is, if a commander suspects a particular member has used drugs, but does not have enough evidence for a probable cause urinalysis, that commander may not conduct an inspection urinalysis just to obtain a urine sample from the suspected member. We suggest that you do not attempt to present an unknowing/innocent ingestion defense without consulting an experienced attorney and/or forensic toxicologist. The use of cannabidiol (CBD) — one of the main active ingredients of cannabis, widely touted for offering a host of potential medical benefits without the “high” of tetrahydrocannabinol (THC) — is being contested, as legislators work to overturn a ban on CBD use by … Essentially all branches of the military have adopted a “Zero Tolerance” approach to drug use. Then, treatment recommendations follow. An inspection may not, however, be used as a subterfuge for a probable cause or consent urinalysis. Furthermore, a positive urinalysis test, without more, does not make a successful case against you. More than that, you want the best military defense counsel to actually present your case in the courtroom. Forensic pathologists (experts in drug test results) frequently testify about the number of seemingly legitimate substances that may contain substances that cause a positive drug test. Instead, the government must show that the reason for the positive urinalysis test was because the member knowingly and consciously used an illegal substance. The unknowing or innocent ingestion of a prohibited drug may be a complete defense against UCMJ Article 112A charges of drug use. Failing the MEPS Drug Test. To contest the testing company regarding the positive random drug test result, the following statements, I feel are viable for debate. It's also possible there was simply a mistake on the first test. Routinely, these testing levels are reviewed. In the military, it is not misconduct to have a positive urinalysis test. Drug testing in the military is a 3-level process: Immunoassay screening using the Olympus AU-800 Automated Chemistry Analyzer. A military judge recently said the acquittal rate in drug cases in which the accused did not confess is about 90%. There are a number of different bases for urine sample collection upon which the military relies. It’s … Your attorney can help to fight any military drug use charges you face if you are honest about your daily habits. If a sample comes back positive for any illicit substance (for example, THC [marijuana] cocaine or opiates), under current DoD policy, you will be flagged, likely investigated and subject to mandatory administrative separation proceedings. This individual is responsible for ensuring an accurate and well-documented collection, packaging and shipping process. Your Best Military Defense Lawyer | Golden Law, Inc. | Court Martial Defense for Drug Use | Your Best Military Defense | Golden Law, Inc. What the Media isn’t saying about Generals Petraeus and Allen, Curfew in Japan Unreasonable and Possibly Illegal. Historical results and subjective opinions regarding cases and professional ability are intended to be illustrative of the general capabilities of Golden Law, Inc. The purpose of the commander-directed urinalysis is to determine a member’s competency for duty, need for rehabilitation, or need for medical treatment. Thus, in any disciplinary action based solely upon a urinalysis test, the government must do more than simply produce a positive urinalysis result. As former military members, JAG Defense Lawyers understand what you are going through and exactly how to handle your positive military urinalysis defense. The Military Service drug testing program manager supervises the entire test. On any given day, military members may be randomly selected to provide a urine sample. Please see below for some of the most common bases for military urinalysis collections. Second screening - if you test positive with the initial testing, you are tested once again using the same screen. Some commands, however, still employ such basic techniques as drawing names from a hat to ensure randomness. 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