drug question

[Virgilthetiger]

I have a hypothetical drug question


If I use drug on a trip to Holland where it is legal to use said drug and then come back to the USA.

have I commited a crime?

if I fail a drug test because of legal use overseas can I be denied or punished in a broad sense here in the USA?

this isn't something I've done I was just curious about it.


virgil

[sigy]

Well, if it's for a background investigation, they're going to ask you if you've used certain drugs before. Obviously you'll need to answer yes, so it would affect you negatively that way.

[Mo Trooper]

No, you would not have committed a crime. When you are in another country, you follow their laws.

As far as a drug test, it can be used against you. This is not a criminal matter, as charges would never be filed for a positive drug test. However, you could be denied employment or be disciplined by an agency.

[USBPA432]

The SF-86 asks about your illegal use of controlled substances (with the word "illegal" underlined) , so technically you would not be lying if you, say, smoked a joint in Amsterdam, and answered "no" to the question since, that would not be the illegal use of a controlled substance. However, I imagine you would want to disclose any such use in the interest of being completely frank and candid with the Background investigator. Sigy also is right in that the investigator may ask the drug question without the "illegal" qualification, in which case you would have to disclose any legal foreign drug use. Just my two cents.

[ATF SAC]

The question about drugs should always be approached as if you did it in Cleveland. The question isn't about Amsterdam; but if what you did was illegal under U.S. law.

[Mo Trooper]

However, it's only illegal if you do it on US soil. The same goes for 18 year olds drinking in Germany. If a high school German class goes overseas and they drink beer in Germany, they are not doing anything illegal.

Technically, it's all relative to the laws of the state or country you are in. That's why a person can go to Las Vegas and get a hooker outside the city, and not ever be charged with a crime.

[dmclark]

Forget the SF86 and the "technical" interpretation. If you are asked if you've used drugs, whether or not it was in Amsterdam, New York or the Starship Enterprise won't matter.

You use, you lose.

[Virgilthetiger]

thanks for the answers to my hypothetical question.

the reason I asked is we have a new student from Holland (Freisa (sp) actually) and we were talking about culture etc.


FYI, the tallest caucasians (white people, whatever) in the world are from that region in Holland.


thanks,
Virgil

[spb10059]

Originally posted by ATF SAC
The question about drugs should always be approached as if you did it in Cleveland. The question isn't about Amsterdam; but if what you did was illegal under U.S. law.

Hey SAC-

Easy on the Cleveland cheapshots. Our river hasn't caught fire in years, and that "Major League" movie wasn't about the real Indians team. Everybody should come visit during our 3 weeks of summer.:)