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What constitutes a "Legal" military drug test?

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jaybird007

Junior Member
Long story short...Im in afghanistan, US Army infantry. While I was home on leave, I had a civilian oral surgeon remove 3 pieces of shrapnel from my gums. On top of the pain meds, he prescribed me valium because he said I was really "jumpy"...I have had 3 concussions, and have ptsd pretty bad.
That said, mid April, one of my best buddies was shot and killed and I took 2 of the valium to calm my nerves. A couple of days later my truck was hit with an rpg, causing an ammo box to hit me in my side and make me urinate blood. I was sent to the hospital for hematuria. during the subsequent testing of my urine for blood, the doctor also said, "You have benzos in your system" to which I replied, yeah, Id have told you if I knew you were looking for them...there was no chain of evidence, no one even supervised the collections at any time. It was a cup of urine that he dipped a stick in that said I was "positive" ....in a court of law, how can he prove that that was my urine with no paperwork? he just did it on a whim, basically......
 


Zigner

Senior Member, Non-Attorney
Long story short...Im in afghanistan, US Army infantry. While I was home on leave, I had a civilian oral surgeon remove 3 pieces of shrapnel from my gums. On top of the pain meds, he prescribed me valium because he said I was really "jumpy"...I have had 3 concussions, and have ptsd pretty bad.
That said, mid April, one of my best buddies was shot and killed and I took 2 of the valium to calm my nerves. A couple of days later my truck was hit with an rpg, causing an ammo box to hit me in my side and make me urinate blood. I was sent to the hospital for hematuria. during the subsequent testing of my urine for blood, the doctor also said, "You have benzos in your system" to which I replied, yeah, Id have told you if I knew you were looking for them...there was no chain of evidence, no one even supervised the collections at any time. It was a cup of urine that he dipped a stick in that said I was "positive" ....in a court of law, how can he prove that that was my urine with no paperwork? he just did it on a whim, basically......
Your admission could harm you.
 

ecmst12

Senior Member
If the meds were legally prescribed to you, then you didn't break the law...however I bet there are regulations about taking such meds while on duty in a combat zone. I don't suppose you talked to a doctor or shrink before taking them?
 

Handcoc

Member
If the meds were legally prescribed to you, then you didn't break the law...however I bet there are regulations about taking such meds while on duty in a combat zone. I don't suppose you talked to a doctor or shrink before taking them?
You would lose that bet.
 

mrs.army

Junior Member
The main thing that will deem whether you taking those pills was "illegal" or not will be why they were prescribed to you in the first place. You said that they were prescribed to you for pain, so if you took them for anythin gother than pain, that's on you because then it is an "abuse" of that substance.

That being said, you also said he gave them to you because you were jumpy. Was this doctor a psychiatrist or psychologist? Because they are the only ones authorized to prescribe you pills for anxiety, depression, etc...not a doc who took some schrapnel out of you. So, again, if you took those pills for your mental health, that would be you self-medicating and not apprpopriate.

The military has many resources for you to cope with the loss of a friend or loved one...and that would have been the proper avenue for you to take during your loss. However, it all said and done and you need to know where to go from here.

I wouldn't suggest going straight to the JAG office and telling them willingly that you "abused" the prescribed medicine you were given. I would first see what this doc has planned for your test. Know that they will check your prescriptions to make sure that you were indeed prescribed those drugs. If it gets to the point where it looks like they are trying to make a mountain of it and get you in serious trouble, that's when you need to seek legal advice.

I am not condoning telling them that you took the drugs for pain, and am not sure how long before this incident you were actually prescribed the drugs (as if they were prescribed over a year ago, why are you still taking them), but that is an option if comes down to it...as long as you havent already said otherwise. I am also not sure what the limitations are as to when you are supposed to take the pills in reference to then going out on a mission, but again I'm sure JAG can give you guidance in that arena.
 

antrc170

Member
You would lose that bet.
As a combet vet I can assure you he would not.

Article 112a: Wrongful possession, use of controlled substance
Article 90: Disobey superior officer
Article 91: Disobey warrant, non-commissioned officer
Article 92: Fail to obey regulation
Article 134: General article

So long as there is a published regulation or one officer or senior enlisted person stated that under circumstances is any alcohol, controlled substances, or other altering chemicals be taken ingested before being in a duty status then the OP falls under one of the above articles.

Those regulations are generally field and unit specific so without that info I can't find the exact wording but I have never been in an area that didn't have them posted in writing, or presented via oral command.
 

FFuries

Member
Another thing that needs to be looked at is the time between being prescribed the medication, taking the medication. and popping positive. Meds are typically prescribed for a certain incident and cannot be taken at a later date for another condition. Example doc gives you meds for pain, then 6 months or later down the road you start taking them again due to some pain. This would not be documented in your medical records as a current prescription therefore it's illegal use/abuse of prescription meds.

Don't know if this is a written thing or not and if so where, but I have seen a lot careers cut short due to that.

Mike
TSgt, USAF Retired (Not AWOL or UA)
 
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