Will passing a drug test by my employer help me get out of a possession of marijuana charge?

Question

I was charged with possesion of marijuana a couple weeks ago and I told the cops that I do not smoke. I am unaware as to how the drugs got in my car but was given a drug test by my employer the following day and passed.

Bruce Arthur Plesser · Answer

No.

Gregory Crain · Answer

No.

Timothy Byrne · Answer

No.

Michael Palumbo · Answer

No.

S Hunter · Answer

Drug use and possession are two different charges. Not testing positive on a drug test shows that you have not recently used. However, you were charged with possession. All that matters in this instance is did you have drugs in your possession. If the answer is yes then you can be charged.

Robert De Groot · Answer

The drug test by the employer will probably not help you. You may be able to get a pre trial diversion program for this charge. Hire an attorney.

Dennis P. Mikko · Answer

The past drug test may be helpful in showing that you do not use but would have no bearing on whether you possessed.  You will have to demonstrate that you did not own the marijuana and had no knowledge as to how it got into your car.  Hopefully the owner will admit to leaving it in your car without your knowledge.

Jared Altman · Answer

It won't prove your innocence but it might help you get a better plea offer. I don't think it will hurt.

Larry Dunn · Answer

Possession of a controlled substance does not mean "use" of a controlled   substance. The fact that you did not use marijuana may be some evidence that  you  did not know the marijuana was in the vehicle however some people  possession  marijuana for the purpose of sale or providing the substance to  someone else.

Mark Smith · Answer

The fact that you had no drugs in your system does not prove you did not   possess drugs. The test is did you know the drugs were there, if not then  that  is your defense.

James Osak · Answer

You were charged with POSSESSION not smoking. Whether or not you had marijuana in your system still doesn't explain your POSSESSION of it. So NO.

Dennis Roberts · Answer

If the charge is simple possession it doesn't matter if you smoke it or not.   But there is a diversion program which will make it go away after you complete  the program.  You want P.C. 1000 if they still do it in your county, not the new  program.

John D Duncan · Answer

Dear Possessed,  Technically smoking an illegal substance and possessing it are two different things.  

Many dealers do not touch the drugs that they sell, which underlies the reasoning for the law in Georgia.  

Furthermore, there is no guarantee that a person possession an illegal substance is not planning on smoking at a later time.  

In short, the drug test that you took and passed MAY help you persuade the State and/or jury that the drugs were not yours and that you truly were not aware of their presence, but it is no guarantee.  

I hope this helps.  If you have any follow-up questions, please do not hesitate to contact me.

Francis Cowhig · Answer

Being in possession of drugs and using drugs are two distinct things.  

The fact that you passed a drug test does not automatically invalidate the fact that you may have been in possession.  

If you are presently facing criminal charges for possession, I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. 

He/she would then be in a better position to analyze you case and advise you of your options.

Jared Winter · Answer

The test results are not a "get out of jail free card".  It's a possession charge, not a use charge.  

My advice is to hire a good lawyer and tell the lawyer about your negative test results.  With more information, the test results may prove to be somewhat useful in convincing the DA to go easy on you.  

But, to be clear, the test results are in no way a legal defense to the charges you're facing.

George Woodworth · Answer

Very unlikely.  Use your effort in getting an experienced, criminal defense attorney to help you sort this out, and plan your best defense.

Austin Hirschhorn · Answer

The crime you are charged with is probably possession of marijuana and the fact that you don't smoke and passed a test given by your employer has absolutely no relevance to the crime that you are charged with.  

If drugs were found in your car it would be important to know about why you were stopped by the police and why your car was searched.  Police are not authorized to stop and search cars without probable cause and if the police did not have probable cause to make the stop you would have a defense.  

You should probably talk to whoever was in your car with you in the days before the search was made and find out if the drugs belonged to someone else.  You should consult with a criminal lawyer about the charges and make arrangements for representation on these charges because a conviction of possession of marijuana could affect your ability to get jobs in the future.

John Toivonen · Answer

It sounds like you have contestable case. As an attorney I would need to know where did the police find the drugs, what was the amount, and was anyone in your car recently who could have placed them there or left them there?

I would need to know why the police stopped and searched your car. They may have not had reasonable suspicion to stop you, and if this is the case the evidence could be suppressed.

If the evidence is suppressed, the most likely result will be dismissal of the charge. If you could pass several drug tests it could be used to prove that you are not a marijuana user.

Jeffrey Pollock · Answer

Give it a shot, but possessing drugs and using them can be independent   concepts.

Herschel Bullen · Answer

If the prosecutor is feeling especially charitable toward mankind, you might convince him/her that you don't use and have no reason to possess.  But it doesn't sound like a winning defense if you have to try the case.

Brandon Gardner · Answer

Possession and usage are two entirely different issues.  The fact that you passed a drug test the next day won't help you in the charge of possession.  Your best bet is to show that it either was not in your possession to begin with or to get the person who possessed it, placed it there, used it, whatever, to testify that it was his/hers.

Gregory Casale · Answer

Possession does not mean consumption. You can possess drugs without using them. It may provide a very small bit of influence, but not much.

Terry Nelson · Answer

Passing a drug test by my employer? Why would that have any bearing on the criminal POSSESSION [not use] charges?  It possibly helped keep your job, but little else.  The DA is simply going to say you had the drugs in your POSSESSION in a car controlled by you, even if not recently used by you.  There is your battle.    When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do?  Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Gary Russell · Answer

Not really. Possession has nothing to do with use. It is illegal to possess marijuana regardless if you use it or not. Unless you are a licensed medical marijuana dispenser or user.

Michael J. Breczinski · Answer

Your lawyer could use the results to try to deal with the matter and also as evidence to back up a claim that you were not using the stuff.

Clayton Lockhart · Answer

There's still a lot that needs to be known prior to being able to answer this question.  But just offhand I would say that passing the drug test would definitely be in your favor.  But in and of itself, I don't think that would be enough to completely get the charges dismissed.

Jason Savela · Answer

It is relevant evidence that you did not know the MJ was present  these cases can be won, but you need an attorney -   I won a possession case where a bindle was found on top of my clients check book in her underwear drawer.

Mark R. Thiessen · Answer

Your lawyer can take that test to the DA and try to show them that.  But depends on the testing at work and how strict it was.  Be prepared the DA will want a hair follicle test or another drug test to back it up.

John Patrick Yetter · Answer

It will likely not help because in Illinois the charge is for the possession  and not the use of drugs.

Gary Moore · Answer

It could definitely help you with your case. You need to hire an attorney to make it more likely to happen.

Nathaniel Shafer · Answer

It might help your case, but the prosecutor and police are not bound by a privately administered drug test.

Michael Morgan · Answer

The answer depends a lot on your prosecutoralthough possession does not require usage and being sober does not constitute a legal defense.

Jennifer Leigh Gottschalk · Answer

Probably not. They were found in your car.

Stephen Freeborn · Answer

Its better than not having the test, but I would have to see the police reports and what "evidence" the prosecutor has.  The test may or may not be of help.  There are many different types of drug tests.  I would also have to see the type of test your employer did.  There is also the issue as to whether the test you took was done properly and what safe guards were had to ensure that the sample was not compromised or contaninated.

Steven Alpers · Answer

That is favorable information and may help with the sentence, but it is not a defense to the charge.

Andrea Rogers · Answer

Nope. All that matters is that you were in possession of marijuana when  you were pulled over. They didn't ticket you for being high, they gave  you a ticket because it was in your car. Everyone who gets caught says  the marijuana doesn't belong to them, so it's hard to use that as your  argument in court. Hire a criminal defense attorney to get the charge  reduced to a lesser offense so it won't be on your permanent criminal  record.

Michael Edwards · Answer

That evidence might help.  I would also recommend that you take one step further and get a hair follicle sample drug test, which will show that you haven't abused any drugs for several months time.  That might be used to convince the prosecutor that you are not a pot smoker, and he or she might consider dismissing the charges against you.  Of course, I recommend that you retain a good defense attorney to represent you, and help you with the matter.  But that is up to you.  Good luck!

Philip Hache · Answer

Technically you can be in possession of drugs even if you do not take them (ie.  to sell them).  It may help your attorney negotiate (and perhaps work out a deal for an informal diversion situation or dismissal), but it is not an automatic dismissal just because you tested negative on a drug test.

Jeff Yeh · Answer

Nope. The two aren't related. What will get you out of the charge, or you best bet, is to hire a good defense attorney to represnet you in court. These charges are relatively minor, and an experienced attorney knows how to best negotiate with the Judge for a reduction or dismissal.

Stuart Nachbar · Answer

It may help as to your defense if you can show was not a rigged or false  test.

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Will passing a drug test by my employer help me get out of a possession of marijuana charge?

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