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Steinlaw
Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1811
Experience:  8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
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Ok heres the situation. My son was at Grad Night in Disneyland

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Ok here's the situation. My son was at Grad Night in Disneyland on Thursday and stupidly purchased what he thought was adderal for $10 so that he could stay awake. He was spotted by security and questioned as to what he took. Initially he denied it, and after the third time owned up to taking the pill. They then took him to a holding area where he stayed with the Assistant Principal for the rest of the night. They did a field test on him and then called us (his parents) and advised us that he was under the influence of some type of controlled substance. Long story short..the school has suspended him for 5 days, and he may possibly not be able to walk at the graduation ceremony. We took him to have a drug test the day they returned from Grad Night and it was clean. Apparently what he took was a placebo. He's a good kid and has never been in trouble before, so we would like to give him the benefit of the doubt. Do we have any ground to stand on so that he will be able to walk?
Submitted: 4 years ago.
Category: Legal
Expert:  Steinlaw replied 4 years ago.
Did he think he was taking Adderall? Did he tell security it was Adderall? Are there any witnesses who are saying that he bought Adderall?
Customer: replied 4 years ago.
Well from what we know....he thought he was taking adderall (which he thought was a pill similar to caffeine that would keep him awake). Yes he told security that the guy that he bought it from said it was adderall. As far as witness', no just the security who apparently spotted him taking the pill.
Expert:  Steinlaw replied 4 years ago.
I am sorry you are going through this.

I think you have a difficult situation. Your son admitted to taking a controlled substance which is in violation of the school rules, and is illegal in California. Simple possession of it is enough to get him suspended. And there are cases in California where a student was in possession of something that he thought was a controlled substance or something that he told others was a controlled substance and was suspended.

That being said, I would retain a good education law attorney. Your son may be able to beat this, especially if he is willing to tell them who he bought it from. However, I would say your chances are about 40% of beating this. But a good education law attorney will be your best bet.

Good luck. I hope this works out for him.
Customer: replied 4 years ago.

 

What about the fact that his drug test came back clean? Does that negate the issue? He states that he was unaware that it was a prescription drug, just thought it was something to keep him awake. He says he did'nt realize what he was doing was illegal. So his "intent" was to take something that was going to keep him up, something that he thought was similar to caffeine. But apparently it was a placebo. The field test must have been showing signs of a young person in distress, because he was clearly not under the influence. Also the kid that he bought it from was someone he did'nt know. Apparently someone from another school in SoCal. So he could not give any info on this person.

Expert:  Steinlaw replied 4 years ago.
You can make the argument that it was not his intent to take something illegal. The school is probably going to have a hard time believing him since Adderall is pretty popular among high school kids to give them a "buzz."

As for the test, that will help. But his intent to take something that is a controlled substance is going to get him in trouble, whether it was that or not. That is what the case law says.
Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1811
Experience: 8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
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