[Programmist]

Hypothetically...if someone were to go to Amsterdam, consume some of their totally legal but psychotropic products, and then on return to the US get called for a drug screen, what are the legalities of the situation? From a technical, but maybe naive perspective I would think that if you could show proof of where you were and that you were not breaking a law then it would be ok. From a conservative perspective I would think it's best not to play with fire. But I'd like to know if anyone here happens to know the legalities and could point me to references. thanks.

[KYA]

I've been there and here are some facts:

It is illegal for non residents/citizens of the city to smoke MJ. (This is not really enforced, but good to know).

Since I was over there with military affiliation, I'll tell you what the Army thinks about smoking and coming back. If a soldier came up hot on a piss test, it doesn't matter where it was smoked, how it was obtained, etc... You came up hot on a piss test and action was taken accordingly.

Now, depending on your job (I'm guessing gov. civilian of some nature since you're taking a random drug test?) coming up positive could have similar consequences.

It's really up to your better judgment, how bad do you wanna smoke pot? Are you wiling to face consequences if necessary, etc...

[Martyr2]

Well either way entering the US under the influence of any narcotic carries the consequences of being under the influence. Now I don't think that amounts to much since you are not in possession of illegal substances so I don't believe they can really do anything, but I wouldn't chance it. Especially with drug dogs at airports etc which will detect you and then you will have to go through a search which is inconvenient.

But as far as breaking law, I don't think you would be since you don't actually have drugs on you.

Edit: Or unless you are causing a problem and then they might get you on something equivalent to intoxication in public or something lame like that.

This post has been edited by Martyr2: 05 October 2008 - 12:13 PM

[Programmist]

KYA, on 5 Oct, 2008 - 11:53 AM, said:

Now, depending on your job (I'm guessing gov. civilian of some nature since you're taking a random drug test?) coming up positive could have similar consequences.

I'm prior military, so I know how that works. Although, I do appreciate the attempt to answer my question. I currently work in the non-gov private sector for an employer that does not do random screenings - did not even require one for hire. So, it's very unlikely that it would be a problem. I've never been big on the ganga, but I woudl, of course, like to know the legalities of it.

[no2pencil]

I would assume the following :

A US Government Law is upheld on US soil. Regardless of where or how it was broken, you are a US Citizen & bound by US Law.

As well, where the piss test is administered (requested) has a reason for the test. Possibly a "no drug" policy that you signed in agreement. You have consumed US deemed illegal drugs, & therefor broke the rules of the place w/ the policy.

It's a nice idea for a loophole, but I don't think it would work.

[Programmist]

Martyr2, on 5 Oct, 2008 - 12:12 PM, said:

Well either way entering the US under the influence of any narcotic carries the consequences of being under the influence.

Yes, it's illegal to be under the influence of a controlled substance in public in the US, but that would never be an issue. If I went to Amsterdam it would only be a 1-2 day side trip on the way to Spain. My wife and I are not idiots. We're not going to get on a plane bound for anywhere under the influence of anything. Besides being illegal in many places it's just stupid and a good way to get in trouble.

Martyr2, on 5 Oct, 2008 - 12:12 PM, said:

...but I wouldn't chance it. Especially with drug dogs at airports etc which will detect you and then you will have to go through a search which is inconvenient.

True, we might get hassled by drug dogs if we had any odor of anything on us. We'd have to make sure we wash what we wore during that day before departing.


Just want to make it clear that I'm not endorsing anything. I do think we live in a country that is way too puritanical (at least in public) with a government that has way too much to say about the average person lives his/her life. But to each his own.

[Programmist]

no2pencil, on 5 Oct, 2008 - 02:06 PM, said:

I would assume the following :

A US Government Law is upheld on US soil. Regardless of where or how it was broken, you are a US Citizen & bound by US Law...

Ok, this thread is going in the wrong direction and I want to put the breaks on before it becomes something else. I appreciate everyone's input, but I'm not asking for opionins or speculation.

Quote

...I'd like to know if anyone here happens to know the legalities and could point me to references. thanks.

So if anyone has any actual information then please pass it along. I've done some searching, but I'm looking for first hand knowledge.

[no2pencil]

Programmist, on 5 Oct, 2008 - 05:12 PM, said:

Ok, this thread is going in the wrong direction and I want to put the breaks on before it becomes something else. I appreciate everyone's input, but I'm not asking for opionins or speculation.

My bad.

[Programmist]

no2pencil, on 5 Oct, 2008 - 02:13 PM, said:

My bad.

Nah. I just want to make sure the thread doesn't get inundated with people for or against legalization. I'm sure it will happen anyway though.

[KYA]

Since its not possession it's not 9/10's of the law, but as Martyr mentioned, you will be privy to a search and possible interview. I haven't seen a dog in an airport in the longest time though.

[Peepseo]

Hi Programmist,

Aren't 'legal opinions' just opinions? The law says possession and using of certain substances is illegal, and the standard for judgment is some court-approved test. Me, I'll take out some drug test insurance if I decide to imbibe overseas on my way home.

Peepseo

This post has been edited by Peepseo: 08 October 2008 - 09:36 PM

[Programmist]

KYA, on 5 Oct, 2008 - 08:54 PM, said:

Since its not possession it's not 9/10's of the law, but as Martyr mentioned, you will be privy to a search and possible interview. I haven't seen a dog in an airport in the longest time though.

Did you have anything new to add? No? Great.

[Programmist]

Peepseo, on 8 Oct, 2008 - 09:34 PM, said:

Aren't 'legal opinions' just opinions?

Exactly! Which is why I was asking for facts backed up be references (in my original post). Man. This is your first post at D.I.C. and you've managed to outsmart everyone else who posted. Way to go.

Peepseo, on 8 Oct, 2008 - 09:34 PM, said:

The law says possession and using of certain substances is illegal, and the standard for judgment is some court-approved test.

Oooh...you were doing so well. Yes yes - we're all aware.

Peepseo, on 8 Oct, 2008 - 09:34 PM, said:

Me, I'll take out some drug test insurance if I decide to imbibe overseas on my way home.

If I do go this might be useful. Here's your chance to redeem yourself. Have you tried this and been drug test to verify that it works?