What Are The Possible Outcomes From A Failed Drug Test
- Navy/Marine Corps members will typically face Mast/NJP and then an administrative discharge proceeding
- Army and Coast Guard members of all ranks will often face Nonjudicial punishment pursuant to Article 15 and an administrative discharge.
- Air Force members who test positive for cocaine, methamphetamines, LSD, ecstasy , or other hard drugs and are NCOs or officers will likely face a court-martial.
- Airmen who test positive for marijuana or who are lower-ranking enlisted members will often face Nonjudicial punishment pursuant to Article 15 and discharge.
Types Of Military Urinalysis Military Drug Tests
When a member is notified that he/she has been selected to provide a urine sample for testing, that member generally must provide a urine sample within two hours. Each service typically assigns urinalysis collection duties to a trusted, responsible member as a collateral duty. This individual is responsible for ensuring an accurate and well-documented collection, packaging and shipping process. Once collected and packaged, the urine samples are then transported to a designated Department of Defense urine testing laboratory. At these laboratories, the urine samples are tested using advanced detection techniques. If a sample is deemed to be positive, that result is reported back to the members command for subsequent disciplinary action. There are a number of different bases for urine sample collection upon which the military relies. The basis for the urine sample collection dictates the manner in which any positive urine test results can be used by the command. Please see below for some of the most common bases for military urinalysis collections.
Probable Cause Urinalysis
Again, if you have been notified that you allegedly tested positive for an illegal substance on a military urinalysis test, we encourage you to contact JAG Defense for a consultation with an experienced military defense attorney.
What Types Of Drugs Are You Tested For
Department of Defense labs that conduct drug testing are highly advanced and equipped.
The military drug test checks for the usual suspects including:
All in all, the Department of Defense monitors over 25 different substances, some of which are found in prescription medication.
However, not every substance is tested in every military drug test.
Nonetheless, popular recreation drugs like cocaine, ecstasy, and marijuana are constantly tested.
The DoD tests for the following substances based on its concentration in your body in nanograms per milliliter.
As youll notice in the table , the military has a screening level and confirmation level for each drug.
The confirmation level is sometimes lower compared to the screening level for certain substances:
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Can You Still Save Your Military Career If You Test Positive For Airforce Drug Testing
Yes. A positive drug test does not necessarily mean that your military career is over You have rights and options. Some common paths to saving your career are:
- A drug test error: Evidence that there is an error in the drug testing process. Errors occur in collecting urine samples. These errors can lead to a false positive or a false label.
In the past few years, multiple mistakes have been made by the Great Lakes Naval Laboratory. This resulted in the samples being incorrectly reported as positive. Every positive test result must be carefully reviewed by an experienced attorney to identify potential errors. We successfully retain service personnel with this defense and forensic challenge
Unknown ingestion is when a member of the military does not know the potential source of a drug in his system but argues that they have not intentionally used any illegal substance.
What Is An Administrative Discharge From The Marines
The Navy takes pride in being recognized as being powerful and united in the defense of its country. Service members are encouraged to uphold rigorous standards of personal and professional ethics, whether on duty or off. For these reasons, drug abuse is simply not tolerated in the Navy. Failing a drug test can have serious consequences for your military career and veteran’s benefits.
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What Happens If You Fail A Drug Test
The U.S. Armed Forces oversees an extensive drug testing program.
It begins at MEPS where every new recruit must pass a military drug test to continue to boot camp.
Secondly, military personnel are constantly under monitoring via random testing or probable cause/commander directed testing.
Military drug tests are equipped to flag levels of marijuana, cocaine, LSD, opiates, and amphetamines.
Moreover, substances that show up in your body that are found in medication yet without a verifiable prescription falls under the same category.
There are serious consequences to failing a military drug test.
For starters, MEPS drug test results along with random tests can be used in court-martials.
Furthermore, positive test results may factor into involuntary discharges that include service characterization.
Contact The Devil Dog Defender Today
If youre wondering how to fight a positive drug test in the military or if its even possible, stop what youre doing and call the Devil Dog Defender today. At Wilkie Law Firm, we provide aggressive criminal defense for military service members of all branches. Due to his unique background, Aden Wilkie has a special understanding of the rules and regulations surrounding military drug testing. He is well-suited to help members of the military when they need legal support the most.
Located in Jacksonville, Wilkie serves the entire state of North Carolina as well as its surrounding states. He is also able to service any military installation located in the United States, but travel fees will apply.If youre located at Fort Bragg, Camp Lejuene, or any other military installation, you need the Devil Dog Defender on your side.
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Drugs And Testing Cutoffs
In the military, there are two types of drugs. The first is illegal and the second is controlled. Illegal drugs are substances in which their manufacture, possession, and use have been prohibited. As for controller substances, they are regulated by the DEA.
Controlled substances might not be illegal all the time, but they can be when theyre taken without a valid prescription.
As a member of the military, youll process through a 3-level drug testing procedure. The first is the immunoassay screening. If the results are negative, youre considered clean and you wont move to the second or third stage.
If youve tested positive, youll be tested once again, and the sample will be analyzed using the Olympus AU-800 Automated Chemistry Analyzer.
When you fail twice, your sample will go through a Gas Chromatography or Mass Spectrometry test. It is done to ensure that false positives are eliminated. Remember that there are certain cutoff levels for specific drugs.
As for THC, it tends to be cut off at 50 ng/ml. As for cocaine, the limit is 150. The cutoff level changes from the first test to the second.
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Drug Testing Outside Canada
5.40 A CAF member who is on exchange or secondment with a foreign military service, on course outside Canada or posted to a position outside Canada, remains subject to the CFDCP.
5.41 A CAF member who is on exchange or secondment with a foreign military service, or on course outside Canada, must comply with the drug control and testing rules of the foreign military service of the country where the CAF member is serving or on course.
5.42 A CAF member who is to be employed outside Canada on exchange or secondment, or sent on course or posted outside Canada, must be made aware by the dispatching authority of the drug testing policies of the foreign military service and the host country.
5.43 CAF authorities do not exercise authority in respect of the application of the drug testing policy of a foreign military service or host country.
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Why Does The Military Drug Test
Members of the military are going to encounter high-stress situations. Whether youre training or deployed, you must be ready for everything that comes your way.
If youre haphazard, there is a good chance that youre going to get injured or killed. Plus, your inability to perform could cause more people to die.
In addition to this, the United States military must live up to the highest standards. To achieve these goals, the military must hire the best possible workers. It takes wimps and transforms them into heroes. It wont put up with drug abuse.
If youve been abusing drugs, you cant enter the military. If youre abusing drugs as a military member, you will face harsh repercussions. There is a risk that youre going to be removed from your position. Therefore, it is pertinent to remain clean.
Military Drug Tests
Remember that the military is going to conduct drug tests at certain points. You need to be ready for each drug test. Otherwise, youll get caught with drugs in your system.
Common Defenses For Drug Offenses In The Military
The most common defense in drug cases is that the service member did not knowingly ingest the substance in question. If you were to review Article 112 , UCMJ, you would notice that the use of an illegal drug is only prohibited when the use is wrongful. Using drugs is not wrongful when the service member lacks knowledge of the contraband nature of the drug.
The government has written the following language into the law to make it easier to prosecute cases based on urinalysis tests. “Knowledge of the presence of the controlled substance may be inferred from the presence of the controlled substance in the accused’s body…” The is called the presumptive inference.
Because of that language, defense counsel must have the skills to make the government expert toxicologist concede on cross-examination that an expert cannot tell from a urinalysis test whether a person knowingly ingested the banned substance.
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Types Of Drugs Tested For In Airforce Drug Testing
There are many drugs tested and the military up-to-date on the street. Here is a list of several drugs that have been tested in military drug testing laboratories:
- PCP / LSD
- Synthetic cannabinoids
Once you become a member of the military, regardless of service branch, the drug will be tested again. Drug tests are usually random drug tests that collect a random sample of the unit being tested. For example, all people must be tested in a unit where the last number in their Social Security number is six they must be tested on that day. Random drug testing should be random and cannot have any effect on who is tested. However, a commanding officer with a probable cause could test the entire unit within his command, or an individual could also be searched with a military search order after knowing the drug test results.
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Adulterated Diluted Or Substituted Sample
5.19 A CAF member who provides for testing an adulterated sample, a diluted sample or a substituted sample, or any other sample of urine made unsuitable for testing by the CAF member, must be:
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Does The Marine Corps Drug Test Its Marines
As a part of the American military establishment, the Marine Corps has a very rigid policy on the use of illegal drugs as well as the misuse of prescription drugs, for these actions are considered to be incompatible with the Marine Corps service.
To deter such occurrence, the Marine Corps has directed its commanders to conduct an aggressive and unpredictable random drug testing program on all its ranks. Likewise, the commanders are given the command flexibility to decide on the organization and execution of the units random drug test.
How Long Does It Take For A Drug Test To Come Back In The Military
There is never a definite answer for how long military drug test results take. Generally though, if the drug test results are negative, it will often take somewhere between 1 to 3 days to come back. If the results are positive, it may take a bit longer, often 3-5 days from the time the sample arrived at the lab. Results, regardless of whether theyre positive or negative, get posted to the web portal for program managers.
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High Risk Safety Sensitive Testing
5.32 QR& O article 20.09 sets out the conditions for the testing of CAF members in any occupation or position designated by the CDS where, in the CDS’s opinion, a high risk to the safety of individuals would be created if a CAF member in the occupation or position were under the influence of a drug while on duty.
5.33 Designating an occupation or position requires a balancing of the CAF’s interest in safety with the CAF member’s privacy interest and right to security of person. If the risk to safety in an occupation or position is high should there be prohibited drug use, the more likely that the occupation or position will be designated as safety sensitive.
5.34 When determining if an occupation or position should be designated, the CDS assesses all relevant considerations leading to a high risk to the safety of individuals .
5.35 The CDS expects that all CAF members in designated safety sensitive occupation or position must be tested at least once every year.
5.36 See the DMCA web site for the current list of designated occupations and positions and the list of officers who may order safety sensitive drug testing.
5.37 See A-AD-005-DCP/AG-000 for guidance on the ordering of drug testing of CAF members in designated occupations or positions.
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Airforce Drug Testing Everything You Need To Know
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All new recruits in the Air Force undergo airforce drug testing upon joining. The recruiter will undergo a urinalysis test within 72 hours of arriving on Air Force Base Military Training . Generally, this test is taken on the second day of your arrival.
The basic training command takes about two to three weeks to recover results. If you fail your urinalysis test, you will be immediately taken to the commute, where you will perform busy work for two weeks while the Air Force handles your discharge. There are no exceptions to this rule.
Does The Marine Corps Drug Test
The United States Marine Corps is one of the four military branches of the United States Armed Forces under the Department of Defense , including the Army, the Navy, and the Air Force.
Established in 1775, the U.S. Marine Corps was formed to provide infantry soldiers capable of fighting on land and sea. Since 1834, the Marine Corps was an integral part of the Navy Department despite being a separate service branch and distinct from the Navy.
With 185,000 active marines and 38,500 reserve Marines, the Marine Corps is the smallest of the military service branches.
How Accurate Are Military Drug Tests
There are several protections that the military takes to ensure the test results are accurate. To start, each individual must write their initials on the label of their own bottle. There is also someone present to observe the service member while they urinate into their bottle to ensure they do not try to cheat. The bottles are then boxed into batches, and the person responsible for administering the test will begin a chain-of-custody document for each batch.
The chain-of-custody is a legal document that requires anyone whos had contact with the bottle to sign. This may be anyone from the observer to the person who puts the bottle in the box as well as the person who takes it out. Essentially, the document provides a written record of anyone at all who had direct contact with the urine sample at any time. The document also applies to anyone who handles the sample in the lab. The names of each person and what they did to the sample must appear in this document to ensure its accuracy.