Legal Question in Military Law in Colorado

I've served 19 years, HONORABLY, and recently came up positive on a command urinalysis. I went to my command and explained that I "Unknowingly Ingested" the THC through brownies consumed at a party in September. I've had to take 8 other UA's in a row and passed all with no problem. I contacted a Navy Jag, but seem to be getting no where and my career is on the line here. I contacted the person who had the party and he wrote a letter to my adsep board stating that I knew nothing about the brownies being prepared with Marjuana. Do I stand any chance of being retained in the Navy or will they let me retire? Can someone please provided me with any guidance on my situation. PLEASE


Asked on 12/01/10, 7:39 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

I assume they are having an ADSEP board to hear your case and make a recommendation. You need to develop the evidence to show that you did not knowingly and intentionally use any illegal drug. You may need the person who baked the brownies to testify that you did not know anything was inside. I have handled a number of these cases and how they are resolved usually depends upon your record and credibility. If you have a good record, have no association with drug usage and your account is believable, there is a good chance you will be retained and permitted to retire. You need to be fully prepared for your Board with character witnesses as well as witnesses from the party who can say that you did not and do not use drugs. They have the burden of proving knowing and intentional use and this evidence should defeat the presumption they have to rely upon. You will also need a good attorney who is willing to fight for you.

I hope this information is helpful to you. Please feel free to contact me directly if you have any additional questions.

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Answered on 12/06/10, 8:13 am


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