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Positive swab & oral fluid test for drugs

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mark1963 View Drop Down
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  Quote mark1963 Quote  Post ReplyReply Direct Link To This Post Topic: Positive swab & oral fluid test for drugs
    Posted: 27/October/2011 at 14:02
times5blue
Why don't they measure drugs in your system the same as alcohol;Because you can have residual chemicals in your system for days , But not be under the affects of the drug any more, It would be like blowing .001 on a breath test,where no penalty would be given up to a set limit the same as for alcohol,when showing signs of impairment the penalties would increase.And when did we get to vote on these laws that govern our democratic society ?

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  Quote Feed the Geese Quote  Post ReplyReply Direct Link To This Post Posted: 27/October/2011 at 14:14
Originally posted by mark1963

And when did we get to vote on these laws that govern our democratic society ?

When you voted for your representative...
**** NOTHING IN THIS POST CONSTITUTES LEGAL ADVICE ****

QuoVadis View Drop Down
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  Quote QuoVadis Quote  Post ReplyReply Direct Link To This Post Posted: 27/October/2011 at 17:30
Absolutely
BSL lawyers: leeches in suits and wigs.
Blood Sucking Lawyers - The Law Firm

sety View Drop Down
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  Quote sety Quote  Post ReplyReply Direct Link To This Post Posted: 27/October/2011 at 23:27
I take it you got booked.

Got a question about criminal law? :)

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  Quote shoeverine Quote  Post ReplyReply Direct Link To This Post Posted: 28/October/2011 at 03:51
That is how it is done. If you were to be charged with driving under the influence of cannabis, the medical certificate would show both levels of active thc and the inactive thc. Yes they can show taht nowadays. You will not (in theory) be charged based upon residual drugs.

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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 28/October/2011 at 04:08
If the drug is in your system, what evidence is there that it is inactive? Sorry but I don't understand the statements made.

To use a silly xogy, if I had an arrow sticking through my head, after the initial pain, it is possible that once things settle down it might stop hurting, could it be said to be inactive? What if I move and it starts to hurt again, would it now be active?

If so, what is to stop a 'so called' inactive drug in my system, becoming active?
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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  Quote Bation Quote  Post ReplyReply Direct Link To This Post Posted: 28/October/2011 at 09:06
Originally posted by mark1963

Why don't they measure drugs in your system the same as alcohol;Because you can have residual chemicals in your system for days , But not be under the affects of the drug any more, It would be like blowing .001 on a breath test


Not quite - alcohol is a legal drug

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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2011 at 00:59
No one in the majority has any serious sympathy or support for drug users. If Aussies did those ragtag political parties called "Legalize Cannabis" etc would be voted in.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2011 at 13:21
Beg to differ AOD. Please examine the facts before further comment.
The 2010 National Drug Strategy Household Survey Report found:
only 35% supported possession of cannabis being a criminal offence. Therefore 65% or nearly two thirds of all respondents opposed possession of cannabis being a criminal offence.
69% supported a change in legislation permitting the use of marijuana (cannabis actually) for medical purposes. [Clinically proven to assist with multiple sclerosis, anorexia and certain other diseases]
52% supported legal injecting rooms. Now I really hate the idea of injecting and have never and will never do it. But surely; if one has a social or health problem - be it physical &/or mental health; then the very last thing these people need is a legal problem too.
Did you ever study the history of US liquor prohibition? Sure made a fortune for the real criminals like Al Capone & Bugsy Malone. Is this what you advocate?
In the US now over 50% support ending cannabis prohibition. 46% did not support it.
The California Medical Assoc has written a submission to regulate recreational cannabis use in a manner similar to the real killers alcohol and tobacco and suggest that it be taxed in the same manner.
The American Society of Addiction Medicine (ASAM) grappled with the issue for 5 years before releasing its new definition of addiction. This caused international interest and commentaries in Lancet, Time etc.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2011 at 14:08
Originally posted by iconoclast

But surely; if one has a social or health problem - be it physical &/or mental health; then the very last thing these people need is a legal problem too.

The way they can avoid legal problems is to obey the law. Just using an illegal substance because of a perceived medical reason only opens the door for illegal use.

We have properly trained scientists who research treatment for medical conditions, and provide the information to properly trained medical practitioners regarding the use of drugs and other medicinals manufactured and tested by properly trained chemists.

To try and bypass that system and revert to the middle ages, we might as well all give up and start dancing around oak trees at midnight in the nude, on nights when there is a full moon.

Our forbears believed this cured many ailments from boils to insanity, they were just as wrong as the current advocates of the use of illegal substances. If there is any truth in any of the believed cures, the scientists will discover it, properly test it for side effects and efficacy and create a medicine, drug or procedure, so those who suffer from the condition for which this was created, can receive properly supervised treatment.

The days of amateurs experimenting in medical matters are long past, or they should be.





Edited by MartinO - 30/October/2011 at 14:15
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2011 at 15:38
Originally posted by iconoclast

Beg to differ AOD. Please examine the facts before further comment.
The 2010 National Drug Strategy Household Survey Report found:
only 35% supported possession of cannabis being a criminal offence. Therefore 65% or nearly two thirds of all respondents opposed possession of cannabis being a criminal offence.
69% supported a change in legislation permitting the use of marijuana (cannabis actually) for medical purposes. [Clinically proven to assist with multiple sclerosis, anorexia and certain other diseases]
52% supported legal injecting rooms. Now I really hate the idea of injecting and have never and will never do it. But surely; if one has a social or health problem - be it physical &/or mental health; then the very last thing these people need is a legal problem too.
Did you ever study the history of US liquor prohibition? Sure made a fortune for the real criminals like Al Capone & Bugsy Malone. Is this what you advocate?
In the US now over 50% support ending cannabis prohibition. 46% did not support it.
The California Medical Assoc has written a submission to regulate recreational cannabis use in a manner similar to the real killers alcohol and tobacco and suggest that it be taxed in the same manner.
The American Society of Addiction Medicine (ASAM) grappled with the issue for 5 years before releasing its new definition of addiction. This caused international interest and commentaries in Lancet, Time etc.


You complaint was that your democratic rights have been infringed. My FACTUAL reply is that the democracy you live in has chosen not to legalize various illegal drugs.... (note - I too would support decriminalization of certain drugs, it would cut out the corruption of police, stevedores and politicians for one thing).
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2011 at 20:32
No AOD that really is not my complaint. I do not use any illicit substance now that I am older & wiser, so please do not assume that I now do. I will admit that I used to jokingly refer to the crew I hung out with as "the bushfires" because of the way we burned thru' grass. But that was the 70's! When I was at uni first time around (back then), it was practically compulsory if you wanted any friends.

More than 50% of the population's well documented beliefs are being ignored. Many law retired enforcement agents and Judges have come out and said the same thing. The "war on drugs" is un-winable and does zip but line the pockets of criminals and bent cops etc as you agree.....
Time for an informed debate on the subject ya reckon? Plenty of evidence that where drugs are decriminalised (Netherlands, Switzerland) use are are much lower than say here, UK or esp the USA. And health outcomes are much better. Guess that's why Portugal, Spain and even Ireland - oh don't forget Mexico - are looking at decriminalisation.

Edited by iconoclast - 02/November/2011 at 11:35

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2011 at 22:13
I really like Portugal's model, it decriminalized users but ramped up penalties on traffickers and also addressed the core issue (public health). The problem is our own two major parties are hell bent on distracting the populace rather than fixing things. There is far too much money in illegal drugs coming in via a few channels in Australia for it to be shut down easily. Ask yourself, why and who shut down the Asian Crime Squad in a state west of Adelaide? It wasn't the police commissioner and the ACS were very successful at capping drug crime.

To answer your question in seriousness I think the best strategy would be to mount minor parties in state wide elections (similar to the shooters party model) and to use the swing vote to get action on a few core issues.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 30/October/2011 at 22:34
Yeah I agree AOD. But look at the new "state west of Adelaide" drug laws. Now who in their right mind (imho) would write then enact that yummy bit of legislation? No of course it wasn't the police commissioner - heck what would he actually know about the effects of drug crimes on a family unit??? Cheers; love yr posts.

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 31/October/2011 at 10:19
Originally posted by iconoclast

Yeah I agree AOD. But look at the new "state west of Adelaide" drug laws. Now who in their right mind (imho) would write then enact that yummy bit of legislation? No of course it wasn't the police commissioner - heck what would he actually know about the effects of drug crimes on a family unit??? Cheers; love yr posts.


I'm not familar with the current drug laws that Sandgropers live under now... care to give me a short summary? Thanks for the thumbs up.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

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