Marijuana.com

YetiManY3K

I was guilty of violating Vermont statute 656 which reads;

"(f) Upon adjudicating a person in violation of this section, the judicial bureau shall notify the teen alcohol safety program of the diversion board in the county where the violation occurred. Pursuant to the teen alcohol safety program, the diversion board shall impose appropriate conditions on the person, which shall include a condition requiring satisfactory completion of alcohol screening and, if deemed necessary, alcohol counseling and therapy. The diversion board may also impose conditions requiring the person to complete community service projects and educational programs related to alcohol. The person shall complete all conditions at his or her own expense. The diversion board shall allow a person at least 60 days to complete required conditions. If a person does not satisfactorily complete alcohol screening by a licensed professional and, if deemed necessary, alcohol counseling and therapy, the diversion board shall notify the commissioner of motor vehicles, who shall suspend the person's operator's license and privilege to operate a motor vehicle for a period of up to 90 days, or until notice of compliance is received from the diversion board, whichever occurs first. If a person does not timely complete other required conditions of diversion, the diversion board shall notify the commissioner of motor vehicles, who shall suspend the person's operator's license and privilege to operate a motor vehicle for 30 days. A person aggrieved by a decision of the diversion board or alcohol counselor may seek review of that decision pursuant to Rule 75 of the Vermont Rules of Civil Procedure."

In one of the sections. Yet when I went in to be screened for alcohol I was also screened for Marijuana. The law clearly states to be screened for alcohol and nothing else, yet I'm being put through a group rehab thing cuz they screened me for Marijuana as well. Is there anything I can do about this?

 

mindraver

...you could consult a lawyer, but most likely it wouldnt go anywhere. sounds like you are going to have to complete one of those programs.

__________________
Cannabis is my anti-drug.
- the mindraver

YetiManY3K

Well the thing is, the alchohol screen is the only thing I was required to complete for the state, and I passed that. Could I recieve any punishment if I just stopped going, since I passed the one and only screen I was required to take by law?

mindraver

so the question is, have they decided to put you through the counseling or therapy?

if so, then yes you will have to complete it (at your own expense) or else you could get your license taken away. you may want to consult a lawyer if you are still unsure.

Niteshift

The law clearly states to be screened for alcohol and nothing else

Maybe I'm just too tired, but I don't see where the passage you posted say ONLY alcohol and NOTHING ELSE. Could you point it out to me.

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

 

YetiManY3K

Do you see where it says to test for any other substance? Then it states that I need to be screened for Alcohol, and clearly there is a reason that it specifies alcohol every time. That would mean that I only had to be screened for alcohol and any other substance is niether here nor there. If I were only tested for alcohol that would have been satifactory because there is no mention of anything else. It's messed up that I got in trouble for alcohol, but I'm being punished for weed. And worse yet if I got caught smoking in the first place the punishment would have been far less harsh. I'm glad Uncle Sam knows what's right for me.

Niteshift

Do you see where it says to test for any other substance?

The other side of that question is: Do you see where is says they CANNOT test for any other substance?

You started this thread with the premise: "The law clearly states to be screened for alcohol and nothing else"

What you may not know about laws is that often, if something isn't prohibited then it's permitted. Or, vice versa, if something isn't specifically permitted, then it's prohibited.

For example, the Constitution does not specifically provide for Presidential succession beyond the cabinet positions listed and those added later. However, the law did not prohibit adding other people into the succession line by passing a seperate law and/or executive order. So, the lne of succession was added to in the event that all those named successors were killed.

Likewise, the many traffic laws specifically exempt emergency vehicles from the laws. Unless you are a listed exemption (permitted) , then the law applies to you (prohibited).

My point is that you can't simply read a law and PRESUME that if it's not listed, it must be prohibited.

There may very well be additional provisions in Vermont law that permit testing for any illegal substance. I wouldn't be surprised if some states also had provisions allowing testing for STD's as well. I'm not defending it, just pointing out some of the fine points you might be missing.

MrIMStoned

You should thus have the right to refuse the test for marijuana. It only says you must concent to an alcohol test and if they tested it for extra they would need to ask you. It doesnt say they can have your urine, it says they can test it for alcohol.

__________________
"In the end the Party would announce that two and two made five, and you would have to believe it. It was inevitable that they should make that claim sooner or later: the logic of their position demanded it. Not merely the validity of experience, but the very existence of external reality, was tacitly denied by their philosophy. The heresy of heresies was common sense. And what was terrifying was not that they would kill you for thinking otherwise, but that they might be right. For, after all, how do we know that two and two make four? Or that the force of gravity works? Or that the past is unchangeable? If both the past and the external world exist only in the mind, and if the mind itself is controllable what then?"

YetiManY3K

You bring up some good points Nightshift, as does MrIMStoned. It's just absurd that my BAC was below the underage limit of .02, and I'm getting in trouble for marijuana for it? If I had just gotten busted for weed to begin, the punsihment wouldnt even be half as bad as this.

Nightshift, according to that law it says that I lose my lisence for 30 days if I don't complete any addition requirements, so if I don't go to this drug rehab crap that I have to pay for, The worst they can do is take my lisence for 30 days right? They cant add any extra stipulations can they?

Thanks for your assistance, it is greatly appreciated.

Niteshift

so if I don't go to this drug rehab crap that I have to pay for, The worst they can do is take my lisence for 30 days right? They cant add any extra stipulations can they?

Be careful. What is very likely is that they will suspend your license for the 30 days, but in order to get it reinstated, you will have to complete the requirements anyway.

If that is the case, it will certainly cost you more money in the long run, since suspended drivers licenses impact your insurance rates.