Legal Question in Military Law in Florida

positive drug screen

I'm in the military reserves and I was told that I tested positive for cocaine and marijuana. The problem is I took another confirmation test 30 minutes later that was negative. I know the military test is wrong because I have cluster migraine headaches for 26 years now and marijuana is a big trigger for my headaches because it is a vasodialator. I always quit taking my prescription drugs a week before military duty. Before the test the only thing I was taking was benicar 40/25 for high blood pressure and a mild stroke from 2007, viagra, Motrin IB and Red Bull cola. I'm worried that I may have consumed to many of the red bull cola via the recent scandal with cocaine (2-4 a day) because the caffeine with motrin helps soothe the headache. Results were 160 coc and 62 thc. Any help would be greatly appreciated.


Asked on 6/27/09, 10:30 pm

2 Answers from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: positive drug screen

What kind of "confirmation" test are you talking about, and was this 30 minutes after the 1st test, or 30 minutes after finding out the results of the first test?

The minute amounts of coca leaf used, plus the even smaller amounts of potential cocaine (which has had the cocaine alkoloid removed) is highly unlikely to give a 160 ng level, even if you drank 100 cans/day.

Don't worry about the test results - you need a good, experienced Defense Counsel who has significant forensic science experience. The tests are not foolproof and errors creap into the process in many ways.

The THC is a separate issue - and for reasons that I am not going to discuss on an open forum - far more problematic.

Email me privately if you have any further questions at [email protected]

Good Luck,

Don Rehkopf

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Answered on 6/29/09, 1:00 am
William J. Holmes Attorney at Military Law

Re: positive drug screen

If they take any action against you based on this urinalysis such as criminal charges or chapter action, you need to fight this case. If you did not use the drugs then you need to fight any use of this positive urinalysis. A good defense counsel can fight the results and try to prevent any action being taken against you based on that test. The confirmation test you mentioned will also be very important depending on when it was taken and what kind of testing was used.

I would not think that Red Bull would account for the positive urinalysis, but what you consumed and any medications would have to be carefully considered.

If they try to take any action against you, be sure that you have an experienced defense counsel who can fight this test result and present evidence that it is wrong.

I hope this helps. Please feel free to contact me if you have any additional questions.

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Answered on 6/29/09, 1:08 pm


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