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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 118201
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was sick and took some of my grandmas cough syrup not

Customer Question

I was sick and took some of my grandmas cough syrup not knowing that it had drugs in that would cause me to be positive on a drug test. I did know it was her prescription I just didn't know cough syrup had bad drugs. Osi already investigated me I told them everything and I had to take another drug test that I know will be positive. I also got sent to the adapt program. Iv never gotten in any trouble my leadership has my back but I just don't know what's going to happen to me I haven't been told anything. Have you seen any situations like this ? If so what happened to them ?
Submitted: 1 year ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 1 year 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.

Unfortunately, what happens in these cases is you are still in trouble for failing the drug test as you took something that was not yours without a prescription. This is a common defense raised in positive prescription drug test cases and I am afraid it is not a valid defense, so you are still looking at an Article 15, but if you successfully complete the ADAPT program the command can retain you and not submit you for discharge.

Customer: replied 1 year ago.
The discharge part is what I'm most worried about. It was a stupid mistake it was an accident. I know I can successfully complete the adapt program because I don't have any issues with drugs. I just wasn't sure of the whole process because Iv never been in a situation like this.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If they have allowed you into ADAPT, discharge is not likely because they do not waste time and money with ADAPT if they are going to discharge you.