Legal Question in Military Law in Hawaii

court martial

My son is seventeen in the military in Hawaii. My son called saying that a NCO saw him rolling and smoking weed and made accursation that he was also selling drugs on base, the letter was sent to his unit. My son was given a urine test twice within a week and both was negative. They gave him a blood test and it came back 000.38 He was told by medical officer that was nothing to be court marshall for and to see his IG. My son said said he have smoke or been around any drugs. He have been eatting a lot of popping seed cake. The popping seed contain a small amount of the item they test him for. He ask his commander if a NCO saw be doing something like that, why did he take to the military police or call them. Why did he wait two week and they believing a letter. Can they really get away with this?--name removed--trying to protect her son from being railroaded


Asked on 8/14/06, 2:58 am

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: court martial

There will have to be some evidence for the military to discipline your son. A letter from an NCO is enough to have his urine screened and begin an investigation. Poppy seeds will not cause a postitive urinalysis or blood test to be at a high enough level to infer illegal drug use. If the level of drug found in your son's blood or urine is low, they normally will not send him to court-martial. But if he does end up at court-martial, his military defense attorney will get access to all of the evidence against him and be able to cross-examine the NCO who says he witnessed your son rolling and smoking marijuana. It sounds strange that the NCO would not make a direct and immediate report of the incident.

Read more
Answered on 8/14/06, 6:31 am


Related Questions & Answers

More Military Law questions and answers in Hawaii