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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33911
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm going to captains mast up positive on a random drug

Customer Question

I'm going to captains mast for coming up positive on a random drug test. I found out that a pre work out I've been taking contains amphetamines in it and will pop positive. I am most curtain that this is the reason I came positive. I brought the pre work out to my command as evidence. What is most likely to be the out come of this situation?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you tell me, what is the "preworkout" you are taking is?

Customer: replied 1 year ago.
Stimul8
Expert:  P. Simmons replied 1 year ago.

Thank you
One more...are you stationed on a ship (so you can not refuse mast)?

Customer: replied 1 year ago.
No
Expert:  P. Simmons replied 1 year ago.

Thank you

I did a quick look at the product page...I did not see anything that indicated this contained controlled substances.

And the Navy Drug Lab tests for controlled substances. They use a GCMS (Gas chromatography–mass spectrometry) testing method for the confirmation testing...it will not show amphetamines unless there are amphetamines in the sample.

If you believe that your sample was caused by this product?

I would NOT take this to Mast.
I would refuse and let them send to court martial (where you have the benefit of the rules of evidence and procedure)

Bot***** *****ne: If you go to mast you will, most likely, be found guilty then processed out with an OTH.

If you refuse mast, they may still try and process you for an OTH...but you would have a better chance to fight the OTH (since you would not have a mast conviction). And if they send to court? It may be you can beat this

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I did research on the ingredients on this product and I came up with the b-phenylethylamine in this product is a false positive on a drug test. Can that help at any also?
Expert:  P. Simmons replied 1 year ago.

That is true in the "screening" tests. That is, it is possible for a substance to give a false positive in the screening test.

The Navy Drug Lab does 3 tests.

The first two are called "assay" tests and are, basically, used to screen the samples. They can contain false positives. But that is OK. Since before the test can be reported, it must be confirmed with the GCMS test I mention above. This test is, in essence, a "fingerprint" on the molecular level...if the GCMS shows that there is a controlled substance in the urine? There is a controlled substance in the urine.

I am not a toxicologist...so I am not sure if b-phenylethylamin is controlled or not.

But the drug lab ONLY reports confirmed controlled substances.

It would be illegal in the US to sell a controlled substance over the counter.

If you did not do illegal drugs? Then refuse Mast and take the court martial so you get a fair shake in this. IF you take mast you will be convicted and tossed out with an OTH.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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