how to prove i didnt smoke marijuana?

Discussion in 'Trucker Legal Advice' started by lilrich, Jul 11, 2013.

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  1. LandShark

    LandShark Road Train Member

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    You can't possibly pop a positive on a "contact high"
    if you pop a positive it's cuz YOU actually smoked it
    cut dry match point game over. Oh. I call BS on your story too.
     
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  3. fr8te_sh8ker

    fr8te_sh8ker Medium Load Member

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    Call a walk in clinic until you find one that does follicle testing for DOT exams for reputable companies. Tell them you're independent as that you need to know the cost of the test. You'll find it for under $125. You can't delay getting the backup test though. If you let this go, if you don't fight back, this will follow you around and you can't afford to let that happen.
     
  4. DC10boy

    DC10boy Bobtail Member

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    he is going to be positive on hair follicle too. just for second hand smoke.
     
  5. snowwy

    snowwy Road Train Member

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    it has been known that non smokers can develop cancer from second hand smoke.

    logic would dictate that second hand marijuana smoke will leave side effects also. pee and hair.

    i usually wait till AFTER my drug screen to have a joint.
     
  6. FTB530

    FTB530 Light Load Member

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    I guess i better stop taki f my migraine meds and just suffer , i dont want to get a positive marijuana testSMDH.... Has anybody ever told you to never take someo elses medication? Look at the bright side if you cant deive you wont have to buy Swift any snow chains Wwaaaaaaaa
     
  7. yearziro

    yearziro Light Load Member

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    Jesus my head hurts after reading that.
     
    crabcracker and FloTheWaitress Thank this.
  8. FTB530

    FTB530 Light Load Member

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    Sorry its because of all the pot i didn't smoke and a small key board.
     
  9. db2681

    db2681 Heavy Load Member

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    Dayton,OH
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    First you say your sample tested at 22nhg that is a negative report than per dot regs. Anything under 50nhg is to reported as a negative test.

    § 40.87 What are the cutoff concentrations for drug tests?[TABLE]
    [TR]
    [TD="class: rtecenter"][TABLE]
    [TR]
    [TD="class: rtecenter"]Initial test analyte[/TD]
    [TD="class: rtecenter"]Initial test cutoff concentration[/TD]
    [TD="class: rtecenter"]Confirmatory test analyte[/TD]
    [TD="class: rtecenter"]Confirmatory test cutoff concentration
    [/TD]
    [/TR]
    [TR]
    [TD]Marijuana metabolites[/TD]
    [TD="class: rtecenter"]50 ng/mL[/TD]
    [TD="class: rtecenter"]THCA[SUP]1[/SUP][/TD]
    [TD="class: rtecenter"]15 ng/mL[/TD]
    [/TR]
    [TR]
    [TD]Cocaine metabolites[/TD]
    [TD="class: rtecenter"]150 ng/mL[/TD]
    [TD="class: rtecenter"]Benzoylecgonine[/TD]
    [TD="class: rtecenter"]100 ng/mL[/TD]
    [/TR]
    [TR]
    [TD]Opiate metabolites[/TD]
    [TD] [/TD]
    [TD] [/TD]
    [TD] [/TD]
    [/TR]
    [TR]
    [TD]Codeine/Morphine[SUP]2[/SUP][/TD]
    [TD="class: rtecenter"]2000 ng/mL[/TD]
    [TD="class: rtecenter"]Codeine[/TD]
    [TD="class: rtecenter"]2000 ng/mL[/TD]
    [/TR]
    [TR]
    [TD="class: rtecenter"] [/TD]
    [TD="class: rtecenter"] [/TD]
    [TD="class: rtecenter"]Morphine[/TD]
    [TD="class: rtecenter"]2000 ng/mL[/TD]
    [/TR]
    [TR]
    [TD]6-Acetylmorphine[/TD]
    [TD="class: rtecenter"]10 ng/mL[/TD]
    [TD="class: rtecenter"]6-Acetylmorphine[/TD]
    [TD="class: rtecenter"]10 ng/mL[/TD]
    [/TR]
    [TR]
    [TD]Phencyclidine[/TD]
    [TD="class: rtecenter"]25 ng/mL[/TD]
    [TD="class: rtecenter"]Phencyclidine[/TD]
    [TD="class: rtecenter"]25 ng/mL[/TD]
    [/TR]
    [TR]
    [TD]Amphetamines[SUP]3[/SUP][/TD]
    [TD] [/TD]
    [TD] [/TD]
    [TD] [/TD]
    [/TR]
    [TR]
    [TD="class: rteright"]AMP/MAMP[SUP]4[/SUP][/TD]
    [TD="class: rtecenter"]500 ng/mL[/TD]
    [TD="class: rtecenter"]Amphetamine[/TD]
    [TD="class: rtecenter"]250 ng/mL[/TD]
    [/TR]
    [TR]
    [TD="class: rtecenter"] [/TD]
    [TD="class: rtecenter"] [/TD]
    [TD="class: rtecenter"]Methamphetamine[SUP]5[/SUP][/TD]
    [TD="class: rtecenter"]250 ng/mL[/TD]
    [/TR]
    [TR]
    [TD]MDMA[SUP]6[/SUP][/TD]
    [TD] [/TD]
    [TD] [/TD]
    [TD] [/TD]
    [/TR]
    [TR]
    [TD] [/TD]
    [TD="class: rtecenter"]500 ng/mL[/TD]
    [TD="class: rtecenter"]MDMA[/TD]
    [TD="class: rtecenter"]250 ng/mL[/TD]
    [/TR]
    [TR]
    [TD="class: rtecenter"] [/TD]
    [TD="class: rtecenter"] [/TD]
    [TD="class: rtecenter"]MDA[SUP]7[/SUP][/TD]
    [TD="class: rtecenter"]250 ng/mL[/TD]
    [/TR]
    [TR]
    [TD="class: rtecenter"] [/TD]
    [TD="class: rtecenter"] [/TD]
    [TD="class: rtecenter"]MDEA[SUP]8[/SUP][/TD]
    [TD="class: rtecenter"]250 ng/mL[/TD]
    [/TR]
    [/TABLE]
    [/TD]
    [/TR]
    [TR]
    [TD][/TD]
    [TD="class: rtecenter"][/TD]
    [TD="class: rtecenter"][/TD]
    [TD="class: rtecenter"][/TD]
    [/TR]
    [/TABLE]

    Second you have 72 hours to request your B sample be tested per
    40.171 How does an employee request a test of a split specimen?


    Third, they told you its $150 out of your pocket to test a B sample is false.

    40.173 Who is responsible for paying for the test of a split specimen?
    (a) As the employer, you are responsible for making sure (e.g., by establishing appropriate accounts with laboratories for testing split specimens) that the MRO, first laboratory, and second laboratory perform the functions noted in §§40.175–40.185 in a timely manner, once the employee has made a timely request for a test of the split specimen.

    So either you are making it up, they lied, or you misunderstood one of the three. Swift can't decide that a lower number than DOT requires is a positive test, the regs be the regs to protect you and the company. Keep in mid the B sample has a lower cut off than the primary sample. I would start by talking to whoever told you that you failed and quoting the regs on what is actually a positive, then you can request your B sample be tested at their cost like its suppose to be.
     
    lilrich Thanks this.
  10. db2681

    db2681 Heavy Load Member

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    Dayton,OH
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    As to everything else, yes second hand smoke can show up on a drug test, you are inhaling smoke the same as someone who is smoking just in lower concentrations. THC is stored in fat cells, it stays in peoples systems for differing times because of this, no way to know how long its going to stay in your systems. OTC Tylenol and OTC Migraine medication is not going to give a false positive, now Tylenol with Codeine ( codeine being a opiate ) that you need a prescription for from a Doctor can cause a positive. When you take drug test you are suppose to tell the test about prescription drugs you take and have the prescription with you, so the tester can note it on the paperwork.
     
    TAK12LLC Thanks this.
  11. crabcracker

    crabcracker Light Load Member

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    Apr 14, 2013
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    How come that chart doesn't include hallucinogenic mushrooms, peyote or LSD? Those would also be very dangerous to drive under the influence of.
     
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