Convicted of driving offense whilst under the influence of Marijuana
Jan 1st 2020, 6:03 pm
#16
Account Closed
Joined: Mar 2004
Posts: 2
Re: Convicted of driving offense whilst under the influence of Marijuana
I do know someone who was stopped for driving under the influence MJ, now he did not have a license admittedly, no doubt there is a back story, anyway seems like by the time he is finished he will be $10,000 poorer.
Jan 1st 2020, 6:27 pm
#17
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,652
Re: Convicted of driving offense whilst under the influence of Marijuana
Jan 1st 2020, 6:37 pm
#18
Account Closed
Joined: Mar 2004
Posts: 2
Re: Convicted of driving offense whilst under the influence of Marijuana
You should never buy a ticket before visa is in hand, well unless it is refundable.
Jan 1st 2020, 6:41 pm
#19
Austin. TX.
Joined: Sep 2013
Posts: 5,930
Re: Convicted of driving offense whilst under the influence of Marijuana
The test done would NOT have given a positive if he had smoked it a week before, and probably not if he had smoked a couple of days before, it would depend on the amount he smoked and how often. Yes, like with alcohol there is a distinct possibility of being over the limit the following day, and, like alcohol there is a limit below which people are NOT prosecuted.
Marijuana use can be detected up to 3–5 days after exposure for infrequent users; for heavy users: 1–15 days; for chronic users and/or users with high body fat: 1–30 days
https://www.theguardian.com/society/...Woy48w7EVRnCRE
Jan 1st 2020, 7:34 pm
#20
BE Forum Addict
Joined: Sep 2011
Posts: 2,903
Re: Convicted of driving offense whilst under the influence of Marijuana
Thank you for all your help, I completely agree and understand what your saying about driving under the influence, trouble is with Marijuana he could have smoked it a week before being caught and still have been banned from driving, there is no real proof that Marijuana impairs your driving under those circumstances,
I know it is legal in parts of America, in America your need a car, I don't know how they will be able to monitor the legalisation of it plus allow people to drive, it can be used for medicine purposes with or without THC, so the lesson to be learned even if you smoke the stuff recreationally and not intending to drive getting in your car even a few days after if you are asked to do a drug test your buggered, my son was not pulled over for reckless driving, due to extensive road works in the area he lived in he went down a road that was only allowed for access for loading vehicles (which was being used by most motorists because of the lack of access elsewhere) still not condoning this, I guess he just got unlucky that day.
My son does not usually use drugs and does not drink and drive, it was a stupid mistake and he got caught, I am glad it didn't turn out to be more serious, we can only learn from our mistakes, he has paid the price but will obviously keep paying the price and so will his loved ones, as long as this is never repeated no one was hurt only himself, there has to be a time where he can move on without persecution.
Sorry to come on so strong, but this is the plea from murderers, rapists and other offenders (albeit not as serious). He did the crime, he must do the time. Whether you believe him to be 'unlucky' or whatever doesn't take away from the fact that he ingested drugs and got caught going down a road that he shouldn't have been using. The fact is, he wouldn't even have been tested for drugs if the officer that stopped hiom didn't have a suspicion, so please, take it on the chin - he messed up and got caught. End of.
Jan 1st 2020, 9:04 pm
#21
Concierge
Joined: May 2006
Location: ex ex-pat, in Taunton
Posts: 27,205
Re: Convicted of driving offense whilst under the influence of Marijuana
Saliva tests, which are those done at the road side, detect the parent drug, so using it has to be very recent. Not sure what the police use as confirmatory test, BUT urine tests are set at different levels, and it's the low levels where it can be detected up tp 30 days, but this is not the level used for things like employment testing, this is a higher level. We used to test at the 50 level in urine, which is the medium level, that one was chosen because it would NOT be positive for people just in contact, say in a car where someone was smoking it. Tests were done with 4 people in a car smoking joints for 30 mins with all windows closed, and one person not smoking, tests were done to see what level was reached, and a test used that meant that only an active smoker could be found positive. This is from personal knowledge of working in a lab where we did do employment checks for a local firm and for a local open prison.
Jan 1st 2020, 10:15 pm
#22
Just Joined
Thread Starter
Joined: Dec 2019
Posts: 7
Re: Convicted of driving offense whilst under the influence of Marijuana
Blimey I didn't come on here to be berated, what is up with everyone these day's feeling the need to attack people, I came here asking if anybody had knowledge about what the consequences were to a convicted offence trying to come to USA for my daughters wedding. I think it is a bit harsh having my comment picked apart, I am not condoning what he did was ok, I don't think it's ok and I do not agree with taking drugs. It goes completely against my beliefs. I did speak with a criminal Solicitor and was told that even not smoking it that day can result in a criminal conviction, if the solicitor is lying then who can you trust? Yes he got 1 year ban and a fine, like I said I came here for some advice not to feel even more terrible about the situation than I already feel. It will certainly make me feel less likely to ask for help in the future, I am very grateful to all the advice you have given me, I will look down these avenues but to be honest I don't think I could cope with him coming all this way and being turned away it's been a long while since I've seen him. Thank you all again 
Jan 1st 2020, 10:29 pm
#23
Deep in the woods of CT
Joined: Feb 2010
Posts: 7,002
Re: Convicted of driving offense whilst under the influence of Marijuana
Just have your son complete the ESTA application, with the information about the recent conviction. If the ESTA is refused, there is no point in spending the money to apply for the waiver which will permit him to apply for a visa at this time as the offense is far too recent and there probably isn’t enough time to go through the process.
Jan 1st 2020, 11:13 pm
#24
Account Closed
Joined: Mar 2004
Posts: 2
Re: Convicted of driving offense whilst under the influence of Marijuana
“Have you ever violated any law related to possessing, using, or distributing illegal drugs?”
Jan 1st 2020, 11:29 pm
#25
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Joined: Jan 2006
Posts: 0
Re: Convicted of driving offense whilst under the influence of Marijuana
Just admitting to using pot without a conviction can get someone denied, its been an issue as the Canadian border for a few years now, I would imagine a conviction just adds another reason to deny entry.
He's been sentenced - 1 year ban and a fine. Which suggests quite a high level since he didn't actually hurt anyone or anything?
ttps://en.wikipedia.org/wiki/Cannabis_drug_testing
Also, in the USA it is a federal offence to use cannabis - even in states where it is legal. So, I'm guessing that having such a conviction even if committed outside the USA, will not be looked upon very favourably.
https://www.theguardian.com/society/...Woy48w7EVRnCRE
ttps://en.wikipedia.org/wiki/Cannabis_drug_testing
Also, in the USA it is a federal offence to use cannabis - even in states where it is legal. So, I'm guessing that having such a conviction even if committed outside the USA, will not be looked upon very favourably.
https://www.theguardian.com/society/...Woy48w7EVRnCRE
Jan 2nd 2020, 2:36 pm
#27
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Re: Convicted of driving offense whilst under the influence of Marijuana
I'll be blunt.
He's not coming to the wedding. Period. It's his own fault.
He's not coming to the wedding. Period. It's his own fault.
Jan 2nd 2020, 5:31 pm
#28
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,652
Re: Convicted of driving offense whilst under the influence of Marijuana
