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Failing drug test = arrested?

Discussion in 'Apprentice Marijuana Consumption' started by gman7104, Apr 20, 2010.

  1. #1 gman7104, Apr 20, 2010
    Today, a cop told me that if a cop gave me a drug test and I failed it, that was enough evidence to have me arrested and convicted. I was previously almost positive that you can only be arrested and convicted if you are in possession of marijuana or paraphernalia, but I see no reason why the cop would lie to me, so I was wondering if anyone here could contest to this (online sources if possible) thanks, and btw, happy 4/20 eve! :hello:
     
  2. #2 The Third Man, Apr 20, 2010
    well from my general knowledge about the subject im pretty sure it is not illegal to be high, only to possess.:)

    i may be wrong of course
     
  3. #3 evrock, Apr 20, 2010
    As far as I know, no. Unless your driving while high or something like that. But you cant be arrested for having it in your system. Hope this helps and have a good 420.
     
  4. #4 Trevo4311, Apr 20, 2010
    Yeah thats a BS lie
     
  5. #5 gman7104, Apr 20, 2010
    yeah this is what I thought too, but I see no reason why the cop would lie to me (it's a long story, but I didn't get caught smoking or with weed or anything) and tbh I've never seen an accurate source stating that you can't be convicted for failing a DT.

    Btw, I live in New York if that helps
     
  6. #6 Trevo4311, Apr 20, 2010
    The cop is trying to scare you so you DONT smoke weed.
    Cops can lie to you its not illegal.
     
  7. #7 smoker.of.pot, Apr 20, 2010
    in the us no, for one reason is there is hella stuff that will make a drug test show positive there only like 97%, just like a lie detecter and even if they arrested u for it noway it would hold up in court
     
  8. #8 Whole lotta pot, Apr 20, 2010
    Well to my knowledge that is BS.
    I've always been under the impression that the government can't control what you can put in your own body, but they can control what is illegal to posses, manufactur etc.
    The only way I could see that happening is if the cop pulled you over on the road for suspicion of being stoned and then tested you and it came up positive.
    Eaither way keep smokin:bongin:
     
  9. #9 Trevo4311, Apr 20, 2010
    You can only get arrested for possession not for being high or for failing a DT.
     
  10. #10 Trevo4311, Apr 20, 2010

    You can't use a DT as evidence in court so they can't convict you.
     
  11. #11 killermunchies, Apr 20, 2010
    Every state is different. I know the law in Massachusetts clearly says that possessing the metabolites of THC (the stuff that drug tests test for) is the same as possession of weed itself. However, it doesn't specify what rights the cops have to test you. Of course, getting caught here isn't a big deal at all so it doesn't really matter. A couple of people that I know got caught smoking and the cop wanted to drug test all of them. They politely refused and the cop yelled for a little bit, confiscated a pipe, and let them all go. That is only one case in one state though. With decriminalization, we have much different laws than most of the country.
     
  12. #12 DaiLLeSTeL, Apr 20, 2010
    cops lie.

    its not illegal to be high, unless operating motor vehicle
     
  13. #13 WeedIsYummy, Apr 20, 2010
    I don't see how that can be illegal, what if someone made hash brownies and told you they were just brownies....a week from the drug test... Or if you were around someone smoking and got a contact high I'm sure there are tons more shit that can get u high that u might not have noticed
     
  14. #14 iz88, Apr 20, 2010
    drug test factor a "second-hand smoke threshold". you pass a test at less than the threshold, not at 0. However, the threshold is pretty slim.

    funny, the guy asks for sources and nobody here could give him one, just opinion. the least we could all do is tell him/her that we don't KNOW:rolleyes:

    e-mail norml.org, they can get you a better answer. Better yet, just go chat with an attorney. No point asking legal advice from people who would rather tell you what they think than what you want/need to KNOW.
     
  15. #15 iamwhitetrash, Apr 20, 2010

    All the other stuff is true but this isn't, you can get arrested if you are tested and have cocaine/crack, heroin, or meth in your system you can got to jail for at least three months:(
     
  16. #16 jagris, Apr 20, 2010
    If you are on probation they can. If it's a school drug test they will kick you out of electives.
     
  17. #17 gman7104, Apr 20, 2010

    Yeah I was hoping someone could have an accurate source though. I was as positive as everyone who posted here that you could not be charged for failing a drug test, but a cop told me you could and yes they can lie, but this cop didn't have a reason to. Idk i'll try emailing norml. Thanks for the advice.
     
  18. #18 killermunchies, Apr 20, 2010

    Here is an excerpt straight from the law in Massachusetts


    Other states are different but I doubt we are the only ones with this provision.
     
  19. #19 xerbia, Apr 20, 2010
    I thought I heard somewhere that if a cop thinks you are under the influence involving a crash though, that they can blood test you and it you don't pass you can be arrested.
     

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