Posted on Mar 31, 2020
What is the best way to address false charges when facing a chapter?
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I have a soldier in my platoon that failed a UA after coming back from block leave. He explained that while at home he was given a drink that was said to have contained CBD. Turns out it contained small doses of THC. He went to the CID office today and asked what he was being charged with and they informed him it was, possession and intent to distribute. I’m not a law major but I know those charges don’t add up to what he did. They don’t know that he was in possession of marijuana and he never had any to distribute. What are the proper Chanel’s to go about this and have someone look in to it from his position. Me knowing him personally I know he isn’t lying and doesn’t deserve to go out the way he is, thank you for the help in advance!
JAG
Drugs
Posted >1 y ago
Responses: 8
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Something doesn't add up. Unless it was loaded with enough THC to kill a horse, drinking a single drink that was laced with THC is not, repeat not, going to put enough of it in your system to make you pop hot on a UA. The detection levels are intentionally set high enough to preclude circumstances like that from happening. It's the old, "I was riding in a car with people who were smoking weed and that's why I pissed hot" excuse. And, also, CID is not going to waste their time pursuing possession and intent to distribute charges without any evidence. They have too much other stuff to do than make up bogus charges against someone.
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LTC (Join to see)
as I've said, there's more to this. CID doesn't usually get involved with simple UA failures. They are not even going to know about it unless the CoC informs them and refers the case to them. It is unlikely that the charges of possession and intent to distribute are related to the UA failure.
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MAJ (Join to see)
At JBLM (active duty), CID is required to investigate all positive UA. They get a copy of results from the same ASAP office the commanders get them from.
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LTC (Join to see)
MAJ (Join to see) - still confused how they get "possession with intent to distribute" from a positive UA..
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LTC (Join to see)
MAJ (Join to see) - active duty must be different. I've had several soldiers fail UA over the years in the guard and never had to deal with CID.
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Some questions need answers:
1. How did he know he was given a drink that contained CBD?
2. Was he held down and forced to swallow?
3. If #2 was true - Why didn't he report it to authorities as soon as he escaped?
Definitely strange circumstances there, I have my doubts and I hope you understand as I have no filter.
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1. How did he know he was given a drink that contained CBD?
2. Was he held down and forced to swallow?
3. If #2 was true - Why didn't he report it to authorities as soon as he escaped?
Definitely strange circumstances there, I have my doubts and I hope you understand as I have no filter.
ASKING FOR A FRIEND...
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SPC (Join to see)
No he wasn’t held down, but he was aware of the CBD, not of the THC. Don’t that he would have done it knowing he had a UA in two days. But that’s not the question I’m asking. How do you get possession and intent to distribute from having it in your system.
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SFC Ralph E Kelley
SPC (Join to see) - I don't know but pretty sure the charges are originating from his local commander - not CID. I also don't how long or where CID questioned other people. He is alleging an off-post crime was committed which gives CID carte-blanche to have agents make inquiries to PD where he was on leave. They, if they feel something is squirrely, can even have agents to visit where he had leave in order to assist in investigations at that locale.
Real can of worms once he went to speak to CID.
Real can of worms once he went to speak to CID.
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LTC (Join to see)
SFC Ralph E Kelley - If you are not a drug user, you could smoke a joint the day before a UA and still piss clean. A single joint, a single drink, a single hippy grandma's special brownie is not going to contain enough THC to be detectable on a UA. Like I said, there is more to this story that is not being told. First time UA failures are evaluated under the ASAP. Your CoC, CID, garrison MPs, local LEO, etc are not going to levy possession and intent to distribute charges simply because you pissed hot for THC on a UA.
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There's more to the story than you know. All charges are vetted through Legal. If CID is saying those are the charges, there's clearly a great deal the Soldier isn't telling you about the circumstances.
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LTC (Join to see)
exactly. They're not going to drop charges without some kind of evidence to back them up. otherwise it would be a waste of their time.
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