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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 115458
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am in the military stationed in. Earlier this week I was

Customer Question

I am in the military stationed in Washington. Earlier this week I was hanging out with some friends and ended up eating something that may have had marijuana in it. I was drunk at the time and was told I did it the next morning. I don't remember. If I pop hot on a drug test, will I be able to defend myself?
Submitted: 11 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This is a very tough sell, since using alcohol to excess (saying you were drunk) is not an excuse or justification for ingesting or using marijuana. So, If you do test hot, you will face discipline up to and including discharge for testing positive. I am sorry to say these cases are very difficult to fight, since they involve voluntary conduct (intoxication) on your part which can be deemed conduct unbecoming and conduct detrimental to the good and safety of the service, so that would not help you in trying to justify the hot marijuana test I am afraid.

Customer: replied 11 months ago.
Even though there was no knowledge of marijuana being in the food?
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your reply.

You need to understand that they get this "justification" all the time with members claiming they ingested marijuana without knowledge and unless you have something more, such as witnesses and more proof to support that contention, the military will not accept that as sufficient justification for a positive test.

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