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bivenator 09-18-2009 08:24 AM

drug test question
 
I know that drugs are bad, mmmkay. What if I went to Mexico where small amounts are legal and happen to try some pot for the first time. I then get tested here in the US by my employer and test positive. Any opinion on the outcome?

Rikao4 09-18-2009 08:32 AM

your screwed..
?, time lapse between the tokes and test..
?, first time..for real..

Rika

Pazuzu 09-18-2009 08:33 AM

I think that this might be a completely new thing that no one has ever tried, and therefore, you can get away with it, since I'm sure there's NO legal precedence :D

mattdavis11 09-18-2009 08:45 AM

You may become the world record holder for the biggest bong hit in history! Who knows? You may not have a job afterward, but you could have the record!

Gogar 09-18-2009 08:50 AM

Quote:

Originally Posted by bivenator (Post 4905579)
Any opinion on the outcome?

You should be fine. No one's ever had an incredible explanation for a positive test before.

If I were you, I'd ditch the Mexico story and start working on your Medical Marijuana story.

stomachmonkey 09-18-2009 08:51 AM

I think locale is irrelevant.

Not having certain substances in your system is a condition of employment.

Pretty simple.

Jesset100 09-18-2009 08:52 AM

IMO don't do it.

fingpilot 09-18-2009 08:52 AM

Y'all are smoking something. Oh, wait. Sorry. You are.

Employers are looking for an excuse to fire you and replace you with someone clean, out of work, hungrier and cheaper.

If you fail a drug test, they will not care (or believe your 'story'). The fact that you are drug tested tells us all that you have a job where zero tolerance is required by law.

The fact that your 'use' was 'legal' is not the issue. You could have 'legally used' here in CA.

The drug test does not care how the THC got there. Your employer does not care how the THC got there. (You could have been in the same room, and test positive if someone else was smoking.)

You will be fired for failing, and have a record.

The Prop 215 people don't get this. It's like they are smoking something.

Oh wait.

They are.

bell 09-18-2009 09:00 AM

There are products to flush thc from your system......imo drink TONS of water and excersize, the burning of the fat and sweat will help....if just one good toke and you were previously clean it could exit your system in a couple weeks, but generally its a month, habitual smokers it could take months....
Do some research, the internet is a wonderfull thing :)

bivenator 09-18-2009 09:02 AM

This question is only a hypothetical :). When one tests postitive in a drug test, the testing company will contact you with a series of questions. The questions are designed to determine if legal use or other drug use could have triggered the positive.
If one were in mexico and enjoyed a bit of the local flavor and then were tested back in the US, can you be terminated. I'm sure that you can, but what do you think?
I have tried to think of other examples where an action is legal in a different country but not in the US but have struggled to come up with another that would be similar to this situation.
How about sex laws in other countries? Some places have lower age of consent laws? Do we prosecute those people who are returning to the US after the "crime" was committed in a different country.

aigel 09-18-2009 09:03 AM

Outcome: Fired!

M.D. Holloway 09-18-2009 09:06 AM

Mexico, Amsterdam or DFW - drug use is drug regardless of proximity.

Besides, an employer doesn't need a reason to fire you...you are 'at will'.

stomachmonkey 09-18-2009 09:59 AM

Quote:

Originally Posted by bivenator (Post 4905669)
This question is only a hypothetical :). When one tests postitive in a drug test, the testing company will contact you with a series of questions. The questions are designed to determine if legal use or other drug use could have triggered the positive.
If one were in mexico and enjoyed a bit of the local flavor and then were tested back in the US, can you be terminated. I'm sure that you can, but what do you think?
I have tried to think of other examples where an action is legal in a different country but not in the US but have struggled to come up with another that would be similar to this situation.
How about sex laws in other countries? Some places have lower age of consent laws? Do we prosecute those people who are returning to the US after the "crime" was committed in a different country.

You can't make those comparisons.

If it's not a crime in those jurisdictions then no crime has been committed.

Now if you were to try and bring one of those underage girls back with you.....

TechnoViking 09-18-2009 10:03 AM

Just because it's legal in Mexico does not mean it's not against company policy.

fingpilot 09-18-2009 10:06 AM

Quote:

Originally Posted by bivenator (Post 4905669)
This question is only a hypothetical :). When one tests postitive in a drug test, the testing company will contact you with a series of questions. The questions are designed to determine if legal use or other drug use could have triggered the positive.
If one were in mexico and enjoyed a bit of the local flavor and then were tested back in the US, can you be terminated. I'm sure that you can, but what do you think?
I have tried to think of other examples where an action is legal in a different country but not in the US but have struggled to come up with another that would be similar to this situation.
How about sex laws in other countries? Some places have lower age of consent laws? Do we prosecute those people who are returning to the US after the "crime" was committed in a different country.

I'm not taking a position here, and I hope this doesn't end up in PARF, and I hope Dorothy really does find Kansas.

That having been said.

There have been a series of recent arrests of USA citizens in the USA for 'crimes' committed abroad. The words 'Bangkok' and 'children' come to mind. The words 'Swiss MasterCard tied to numbered account' and 'UBS' come to mind. The words 'Abu Graib' and 'interrogation' come to mind.

In each of these cases, it was the US law that they are being charged with. Sometimes even though 'at the time of the offense' it was not an offense, except in intent to conceal. The sex crimes and the IRS crimes are pretty straightforward.

The military ones are a little grey. You ask me was what was done wrong? You'll get an honest answer. You ask, should they be prosecuted for following a superiors' command (lawful, legal or otherwise), and my forehead starts to twitch and hurt. Anyone that has EVER had a Marine D.I.'s hat brim poking his forehead will never forget what that feels like. Then the answer gets fuzzier (think of the movie 'A Few Good Men'). Have I EVER disobeyed a superior officers' command? H3LL no! I always thought of the brim of that hat. Still do to this day.

The drug thang? Change one little fact. The smoking was done in California, legally, with legally obtained dope (THC).

Does this change the results of the test or the inquiry after? Even the control sample and the follow-on questions involved with it?

You might want to have your resume updated, and get another job before your record shows the dismissal, and the criminal conviction.

GG Allin 09-18-2009 10:15 AM

18 years ago I took a drug test on a Tuesday morning. I smoked a little weed on the Saturday before. Got the job, still work here. Drink lots of water, I mean LOTS of water. Take a few vitamins to put color in your pee, it won't appear deluted. You should be fine.

bivenator 09-18-2009 10:35 AM

I appreciate the advice on tricking the test. Fortunately, my job doesn't require such an invasion of privacy and I am judged by the quality of my work not the quality of my urine. My question was answered by the many of the posters who stated that it is not the legality of the act (smoking weed) but the presence of the metabolite of THC in the urine.
It was pointed out that you could legally smoke in Calif. as well and the same outcome of being fired for having it in your system can be expected.
This seems wrong to me. If legally prescribed it should be treated the same as a bipolar meds, cardiac meds or any other.
Maybe we could cut healthcare costs if we eliminate drug testing.

RoninLB 09-18-2009 10:56 AM

old news is that most $ bills in your pocket have trace amounts of coke on them

Pazuzu 09-18-2009 11:11 AM

Quote:

Originally Posted by RoninLB (Post 4905863)
old news is that most $ bills in your pocket have trace amounts of coke on them

I liberally sprinkle mine with fresh coke every morning.


I said "liberally", so off it goes to PARF :p

fingpilot 09-18-2009 11:21 AM

There is a big battle brewing here in CA. Prop 215 did not 'legalize' MJ, it 'decriminalized' it for personal, medicinal use. You need a 'prescription' and the amounts are suposedly restricted.

Of course, this niche has exploded into totally unlicensed 'dispensaries' popping up everywhere. Obama said he would not prosecute at the federal level but rather follow local and state regualtions. The states and the counties are scrambling to play catch up.

It's a mess in CA. Every zombie out there suddenly has 'back pain', and that and $20 gets you a 'presciption' for MJ, sometimes even over the internet. Once you have this non-standardized form, you spend your time and whatever funds you can 'rustle up' to go to a 'dispensary' and buy your kush.

Here's the rub, pardon the pun. The dispensaries have no legal way to purchase/obtain the MJ, so they are still an outlet for the Mexican Cartels National Forest-Grown cash crop. The growers are already at the best possible economic solution to the demand-supply equation. Low-cost (illegal) labor, stolen water in a Federal Forest, armed security to scare away hikers and swat teams. A mess. Several wildland and forest fires started by campfires at these grow sites so far this year (and we are just now coming into fire season).

It's what we all have to look forward to.


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