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Adirondackwannabe's avatar

Is it a crime to have drugs in your system when you don't have any drugs in your possession?

Asked by Adirondackwannabe (32319 points ) November 16th, 2010

I just thought of this because of chyna’s drug testing question. Can they charge the kids if they find the drugs in the random tests?

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9 Answers

sleepdoc's avatar

It would depend on what types of drugs test positive. There are some that are illegal (street drugs) regardless of whether you have them in your possesion. On the other hand if you test positive for something that you have a prescription for which can be validated in a variety of ways, then you aren’t really doing anything but following the guidelines for your prescription medication. There are prescription medications which are abused and taking someone else’s prescription drugs is believe it or not illegal.

Adirondackwannabe's avatar

@sleepdoc I was referring to the street drugs mainly. Is the presence of the drug in urine enough to make the kids subject to arrest?

sleepdoc's avatar

@Adirondackwannabe ... I am not entirely sure what the possesion laws are for every state. That is what would determine if the could be arrested for possesion, in many states that fact that you have consumed, smoked, injected can be prosecuted it just depends on which statue they elect to use.

Adirondackwannabe's avatar

@sleepdoc Most of the cases I see in the police blotter or the news involve someone found with possession of a quantity of drugs in their pockets, cars, houses etc. I don’t recall one for presence in urine.

littlekori's avatar

i think that it depends on the type of drug. i also think depending on how much of it is in your system and what kind of drug it is will determine your consequence.

chyna's avatar

The only time I can think of that it would for sure be a crime is if you were on probation and that was a part of your probation agreement. In the case of random drug screening on kids or even adults at work, I wonder if they can be arrested for illegal drugs also.

Adirondackwannabe's avatar

I was thinking of kids with no previous record, that get busted in the testing. Then every college application, financial aid form and everything else asks if the kid has a criminal drug conviction.

WestRiverrat's avatar

@chyna It can also be used as evidence of DUI.

You don’t have to have a beer in your vehicle to be busted for drunk driving, Likewise you don’t have to have the drug on you to be charged with use of a controlled substance. It is unlikely that you would be charged with anything based soley on a drug screening.

Blondesjon's avatar

I got into trouble once when I tested positive for junk bonds.

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