Approximately 19.7 million Americans, above the age of 12, have battled a substance abuse disorder.
Given this statistic, it’s no wonder that courts often order drug tests during custody battles, substance abuse issues and other related disputes. However, given that drug tests happen to be an invasive procedure, it is important that these mandates follow protocol.
So, how do court-ordered drug tests work, anyway? And what types of drug tests would a person be subjected to?
Let’s have a look.
How Do Court-Ordered Drug Tests Work?
It is important to know that drug testing laws vary all across the country, and so the nuances of the process may differ. However, in general, the severity of the order depends on the severity of the situation. The mandate most likely won’t extend for longer than a year and might require testing to occur approximately once or twice a month.
In most cases, drug tests are prescribed to people on probation for drug possession or parents with a history of substance abuse problems. Non-compliance usually results in short periods of jail-time but the penalty may be more severe for repeat offenders.
It is also important to note that these tests will most likely happen at random times during the month, without prior warning.
Types of Drug Tests
Generally, family courts opt for simple urine drug tests, where a sample of urine is tested for drugs. While these tests are the most common type of drug test, it is important to note that they can only detect drugs consumed within the past 48 hours, and sometimes even less than that. This is the least invasive of the drug tests.
And so, as an alternative in more severe circumstances, the court may order for a hair follicle drug test. This kind of test picks up on drug abuse occurring up to ninety days prior to the testing. As the name suggests, the test is carried out by examining the hair follicle of the individual.
Blood testing, like the second test, is also one of the more invasive drug tests around. This is one of the reasons the latter two are generally reserved for more extreme circumstances.
Failing a Drug Test
Now that you have the answer to the question – “how do court-ordered drug tests work?” you might wonder what happens if you fail these tests. This depends on the reason the court has mandated drug tests to you. For example, if you are in a child custody battle, you may have to give up your custody rights.
Similarly, if you’re on probation, you may have to go back to jail for using. The laws and the ramifications for your actions will depend largely on your circumstances and the drug laws of the state you’re in.
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When a drug test is sprung on you last minute, it can cause a rise in your stress levels and send you into complete chaos. You know that you have drugs in your system but can’t afford to lose the job. You quickly begin to think of different ways on how to pass a drug test fast on the spot.
You begin to look into over-the-counter products that claim to clean your system out in no time or help create a negative test result. You begin to look at other options as well such as using fake urine or someone else’s urine for the test. However, all of these options can get you into trouble and some don’t even work.
Your best bet is to do things the right way, leaving no guilt on your shoulders. Don’t let the shock of a sudden drug test coax you into trying to falsify a drug test. Instead, continue reading below for several tips on how to pass a drug test on short notice and get or keep that job!
Here’s everything you need to know!
1. The More Time the Better
No matter what type of drug is in your system or what type of drug tests’s being conducted, the more time you have before it, the better. Although you can’t always control when a drug test is given to you, you can control when you stop using the drug. As soon as an employer tells you that you’ll need to take a drug test, end all drug use then and there.
Even before an employer tells you about a drug test, if you know that there’s a possibility of one coming up, stop all drug use. The longer you have between stopping your drug use and taking the test, the better chances you have of passing it.
Most employers will give some type of notice for an up and coming drug test. If you don’t know the exact day, this is fine. You’ll most likely know the week or time period of when you’ll be getting one. As the days go by, the drugs will slowly leave your system.
And when possible, drink plenty of water. The more water you drink and the more often you urinate before taking a test, the better the chances of getting a negative result.
2. Understand the Type of Drug Test
The type of drug test that your taking is another factor to consider. There are four different kinds of drug tests that you could possibly be given. The four include a hair follicle test, a urine test, a blood test, and a saliva test.
Knowing what type of drug test your taking can help you better prepare for it. A hair follicle test can trace back to 90 days. However, if you’re a new drug user and have only used drugs for the first time in the past two weeks, then a hair follicle won’t detect it.
Urine tests are one of the more common tests given by employers. If an employer is the one giving you the test, then you can almost bet it’ll be a urine test. A blood test is normally given when pulled over or arrested with suspicion of drug use.
A blood test is less likely to come back positive than a urine test if it’s been several days since you last used. A saliva test is one of the less invasive drug tests and is less sensitive than blood tests.
You also need to have a clear understanding of the type of drugs in your system. Certain types of drugs will stay in your system longer than others. If you’re wondering, “does CBD show up on a drug test,” you’ll need to understand what type of CBD it is you’re taking.
A drug test only tests for THC for marijuana purposes. Most CBD products contain little to no THC, which won’t test positive on a drug test.
3. If Given the Choice, Choose the Right Test
Before taking a drug test and knowing how to prepare for it correctly, you should know how much of the drug is in your system. You can then decide which type of test is the best to take for your situation. For example, if you’re a casual marijuana smoker, then your system might be cleared after several days.
If you’re a heavy marijuana smoker or use another type of drug heavily, then it could take much longer for it to clear out of your system. And taking a hair follicle drug test will show any drug use up to 90 days ago. If given the option, be sure to choose the right test.
If you’re a light drug user and it’s been over a week since your last use, choose a blood or saliva test. If you used drugs for the first time less than 2 weeks ago, then choose a hair follicle test as it won’t show anything used in the past 2 weeks.
4. Always Know Your Rights
When everything is said and done, you always need to know your rights. Knowing your rights could help you pass an unexpected drug test. The laws surrounding drug testing depend on the state that you live in.
Do a bit of research to determine what your rights are in that state. Not all laws are the same, but some common ones are as follows:
- When applying for a job, an applicant must be told from the beginning that a drug screening is a step in the process
- If reasonable suspicion is given, an employer can drug test
- In most cases, random drug tests by an employer aren’t allowed
- All employees must be given the same type of drug test
Remember to do your research and know your rights before applying for a new job or before taking a drug test given by a current employer.
Know How to Pass a Drug Test Fast the Right Way!
When hit with an unexpected drug test, know how to pass a drug test fast without manipulating the results. This is the best way to get a negative result legally. Keep these tips in mind and always contact legal advice if needed.
For more helpful posts, be sure to visit us frequently!
Did you know that in Tennessee a woman may be prosecuted for the illegal use of a narcotic drug while pregnant?
If the child is born addicted to or harmed by the drug, she can be charged with assault and prosecuted.
Tennessee is among the very few states that have a drug law like this.
It has to make you wonder though, what are some other Tennessee drug laws and penalties?
Knowing Tennessee Drug Laws and Penalties Helps
Because of the chronic drug problem in the state, Tennessee law enforcement is serious about seeking and apprehending those in possession of drugs.
According to the criminal attorneys at Horst Law in Nashville, getting arrested and charged with possession means you could be facing suspension of your driver’s license, community service, fines, forfeiture of property, probation and even time in jail or prison.
So here are six laws you need to know right now to ensure that doesn’t happen:
1. Simple Possession
You can be charged with simple possession if you have a controlled substance on your person, but it’s not enough to warrant a felony possession.
But if law enforcement finds a controlled substance in a car or house that is registered to you, that is also grounds for a simple possession charge.
2. Sale of a Controlled Substance
If law enforcement observes you in a drug sale – or worse yet, you sell to an undercover officer – you’ll be charged with sale of a controlled substance.
Regardless of the amount, this is considered a felony offense.
3. Possession with Intent
If the amount of drugs in possession is deemed more than what you would use for personal use, you can be charged with possession with intent. The state will then need to prove that you intended to sell the drugs.
The presence of scales, bags, and/or large quantities of cash increases the chances that you’d be charged with intent. And just as the sale of a controlled substance is a felony, so is the intention to sell it.
Of the many drugs that are synthetically produced, meth-related offenses are considered the harshest in Tennessee.
But production of natural drugs that require additional processing – such as cocaine and heroin – will also garner a manufacturing charge.
And since marijuana continues to be fully illegal in Tennessee, growing marijuana can also result in manufacturing charges.
Producing pot is treated harshly in Tennessee and there are both state and federal penalties for doing so. Charges are based on the amount of marijuana.
Unfortunately, simply possessing operating components can lead to a charge.
And parts of plants can be considered entire plants under the law. So the government can claim larger numbers of plants than are truly present.
6. Drug Trafficking
Drug trafficking is a serious charge.
Anyone suspected of engaging in the production, distribution, transportation, or sale of illegal substances can be slapped with a drug trafficking charge.
Stay Out of Trouble
The best way to avoid the wrath of Tennessee drug laws and penalties is to avoid the use of controlled substances altogether when in the state. Then, keep track of any changes in drug laws.
Meanwhile, to stay aware of what’s new in and around Oklahoma, keep checking back with our blog.
There is a wide range of attitudes when the topic of drug laws comes up. Some people tend to think of Nancy Regan’s “Just Say No” campaign from the 1980s.
Others think of the legalization of marijuana, which is changing as more states move for decriminalization and legalization.
Drug laws are no joke in Texas. Texas drug laws are known to be very strict. It’s best to know what they are if you plan on making a quick trip there anytime soon.
Read on to learn what the drug laws are in Texas and what you can do if you find yourself on the wrong side of the law.
Drug Laws in Texas
Texas drug laws are indeed strict, but how strict depends on the type of drugs you are caught with and several other factors. If you have previous convictions, the sentence will be more severe than if this is your first offense.
If you have a lot of cash on you and you have a large quantity of drugs, you can get hit with an intent to distribute charge.
The Penalty Groups of Texas Drug Laws
The severity of your crime depends on these factors and what penalty group your crime falls under. Texas drug laws have four classes, called penalty groups. The lower the number, the more severe the crime.
Penalty Group 1: This group is largely focused on opioids. Texas, like many states, is suffering from the opioid crisis. The drugs in this penalty group include the different types of opioids, cocaine, meth, LSD, and other hallucinogens.
At a minimum, you can be sentenced to 6 months in jail with a $10,000 fine. The maximum is life in prison and $300,000 fines.
Penalty Group 2: Psychedelic drugs like LSD, mushrooms, PCP, ecstasy, and amphetamines.
A minimum sentence here is 6 months in prison. The maximum is life in prison with a $50,000 fine.
Penalty Group 3: This category is a lower class of the opioids that aren’t in penalty group 1. These drugs include Valium, Ritalin, steroids, and other prescription drugs that are likely to see a high rate of abuse.
You could get anywhere from 6 months to 2 years in jail at a minimum.
Penalty Group 4: Marijuana and other prescription drugs that aren’t listed in the previous penalty groups usually fall under the fourth penalty group.
A small amount of drugs can result in a driver’s license suspension and fines. An alternative is to enter a drug treatment program.
What Happens if You’re Arrested?
As you can see, the penalties for drugs in Texas are pretty severe. When you’re arrested, you’ll be read your Miranda rights. You do have the right to call and consult an attorney.
If you’re arrested for cocaine, you’ll want to contact a cocaine possession attorney who understands the severity of your situation.
They will then guide you through the charges against you, getting released on bail, and your court date.
Drug Laws in Texas
Texas drug laws are strict, and the penalties for possession are severe, even if you have a small amount of pot on you. You don’t want to take your chances knowing what the penalties are.
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Did you know that humans have been growing cannabis for over 12,000 years to utilize its medicinal properties?
Although the current political climate regarding cannabis is tense, America used to embrace cannabis plants. One of our most famous presidents, George Washington, even had his own hemp garden.
CBD oil is a cannabis extract that’s famous for its health properties. People use it to treat chronic pain, anxiety, and many other ailments. Despite its impressive qualities, the legality of CBD is tricky.
Is CBD oil legal in all 50 states? Keep reading to learn the important highlights of current CBD laws.
Is CBD Oil Legal in All 50 States? Yes, Thanks to the 2018 Farm Bill
Before 2018, there were a lot of gray areas when it came to the legality of CBD. The 2018 Farm Bill helped clear a lot of this confusion by making it legal to grow and sell hemp and all of its extracts in all 50 states. Although CBD is legal nationwide now, there are a few catches you should know.
Is CBD Federally Legal If It Comes From Marijuana?
Hemp and Marijuana come from the same cannabis family. This means that both plants contain CBD. Is CBD oil legal if it comes from marijuana?
The major difference between hemp and marijuana is a compound called THC. This is the compound that gives people a high feeling when they ingest marijuana. Hemp contains little to no THC, which is why only hemp-based CBD is legal nationwide.
If you live in a state where recreational or medical marijuana use is legal, then marijuana-based CBD should also be legal. If you want to play it safe, it’s best to stick with hemp-based CBD because it has the same medicinal effects as CBD extracted from marijuana.
Why It’s Important to Find a Reputable Seller
Since hemp grows out in the wild, it’s easy for cross-pollination to occur. If farmers aren’t careful, their hemp crops can get contaminated by marijuana plants. This is why it’s important to find reputable sellers who test their CBD oil.
As long as your CBD dosage contains less than 0.3% of THC, then the oil can be classified as legal hemp-based CBD. In order to avoid any trouble, it’s safest to buy your CBD online after researching the seller and learning about their production processes.
The FDA Could Change Where CBD Is Legal
Lots of people rave about the medicinal qualities of CBD oil. However, the only CBD product that’s approved by the FDA is a drug called Epidiolex, which is used to treat seizures. This means that if any other CBD products make other health claims, they could face legal troubles from the FDA.
If you’re a seller, it’s important to stay up to date on all current CBD laws. For now, everyone in America can legally enjoy the benefits of hemp-based CBD oil.
Do You Need Legal Help?
Is CBD oil legal in all 50 states? Although the current laws say yes, there are still a lot of loopholes that could get some people, specifically sellers, into trouble.
If you’re ever in need of professional legal help, Halt.org Legal Directory can help match you with the perfect lawyer for your case. Use our search engine to find the right legal team near you.
When it comes to medical marijuana, healthcare providers and law enforcement are in an awkward position.
On the one hand, certain state laws allow them to treat marijuana like any other medication (albeit a non-FDA-approved one). On the other hand, federal law says it’s 100% hands down illegal.
So this begs the question: if you had a medical malpractice case and wanted your malpractice insurance to cover medical marijuana, would they cover it? Here’s what you need to know.
The Tension Between State and Federal Law
Since California first legalized marijuana for medical use in 1996, the acceptance of marijuana in a medical context has steadily grown.
But while we’ve made huge strides, marijuana still isn’t fully legal, despite the fact that 62% of Americans support legalizing it.
At the federal level, marijuana remains illegal and is listed as a Schedule 1 drug by the DEA. This means that, at the federal level, marijuana is viewed as a drug with no medically accepted use and a high potential for abuse.
The biggest problem, for doctors and law enforcement alike, is whether to follow state laws which may allow medical marijuana or to follow federal law, which bans marijuana completely.
Rohrabacher-Farr, Ogden and Cole
Two things have helped to clarify how doctors, lawyers, and law enforcement should proceed:
- The Rohrabacher-Farr Amendment
- The Ogden and Cole Memoranda
In December 2014, Congress passed the Rohrabacher-Farr Amendment as part of the 2015 Omnibus Appropriations Bill.
This amendment prohibits the Department of Justice (DOJ) from using federal funds to prevent states that have legalized marijuana from implementing their own state laws that authorize the use, cultivation, distribution, and purchase of medical marijuana.
The amendment was renewed in December 2015, December 2016 and again in May 2017. It was last renewed in February 2019 as the Rohrabacher-Blumenauer Amendment.
In addition to Rohrabacher, the DOJ has released four memoranda clarifying their stance on the issue, collectively known as the Ogden and Cole Memoranda (the 2009 Ogden memo and the Cole memos of 2011, 2013, and 2014).
In these memos, the DOJ guided U.S. attorneys to focus their marijuana enforcement efforts on the following federal priorities:
- Preventing the distribution of marijuana to minors
- Preventing the diversion of marijuana from states where it is legal to other states where it is not legal
- Preventing revenue of marijuana sales from going to criminal enterprises, gangs, and cartels
- Preventing state-authorized marijuana activity from being used as a cover for the trafficking of other illegal drugs or other illegal activity
- Preventing drugged driving and other adverse public health effects
- Preventing violence and the use of firearms in marijuana cultivation
- Preventing the cultivation of marijuana on public land
- Preventing marijuana possession on federal property
Otherwise, U.S. attorneys were to defer to state and local laws governing the use of medical and recreational marijuana.
To come back to our original question, how does this affect physical liability and malpractice insurance?
On one hand, doctors and law enforcement do have guidelines that would permit the prescription of medical marijuana if you live in a state that has legalized the use of medical marijuana. And while it is federally illegal, enforcement of the federal ban usually is not strong.
There are no current medical malpractice cases involving marijuana. It’s difficult to see how such a case would succeed if the patient asked for a medical marijuana recommendation and was provided one.
In fact, physician liability is rather limited since doctors can’t actually prescribe or dispense marijuana. All a doctor does is verify that a patient has a qualifying condition and that they think the potential benefits of medical marijuana outweigh the potential risks.
That said, plaintiff attorneys can get rather creative. If such a lawsuit were filed, attorneys would most likely pursue it as they would pursue a lawsuit for inappropriate prescription of opioids. Still, the malpractice aspect will be esoteric at best.
So, does malpractice insurance cover medical marijuana?
The short answer? Probably not. Most traditional malpractice insurers will not cover cases where physicians recommend medication that has not been FDA-approved.
The long answer? You can argue it in court, but the answer is probably still no. If you’d like to find out how such a case might be argued, talk to a malpractice attorney.
Figuring Out Malpractice Insurance?
If you’re trying to make heads or tails of medical malpractice and malpractice insurance, it pays to do your homework.
Check out our blog for more useful posts like this one to get your case in order.
We know that cannabis is legal in almost half of all states now. But what does that tell you about hemp-derived CBD oil?
Cannabidiol, or CBD as it’s more commonly known, is the purported “non-psychoactive” component of cannabis and the counterpart to THC, aka the stuff that gets you high. As more research is done on CBD, professionals have found a litany of health benefits ranging from pain relief to help with anxiety and depression.
Despite these amazing findings, many are still skeptical of what cannabis-derived CBD oil does to the user. As of right now, even though it doesn’t get you high, cannabis-derived CBD is subject to the same state laws as any other form of cannabis.
Luckily, there is another kind of CBD. Hemp-derived CBD oil is here and it’s federally legal, so you can get it anywhere and use it anywhere. In this post, we’re going to tell you 8 things that you should know about the legality of hemp-derived CBD oil before you try it.
There’s nothing to be afraid of, but like anything, you should know all the facts before you dive into hemp-derived CBD head first. Let’s get started.
1. The 2018 Farm Bill
In 2018, something called the Farm Bill was passed and it changed everything for hemp products, including hemp-derived CBD. It effectively removed and hemp products from the Controlled Substances Act (CSA), making it a part of agriculture, unlike marijuana.
This is huge because now hemp-derived CBD oil can be grown, made, and sold federally. It’s not quite that simple, as we’ll find out. There are still going to be heavy regulations by the FDA, but it’s a huge window for the CBD oil industry to start developing more products.
2. Hemp-Derived CBD Is DEA OK
What seemed like seconds after the Farm Bill was ratified, the DEA clarified that it would not be regulating any hemp products, notably hemp-derived CBD.
Basically, DEA staff and field agents are under guidance to find and eradicate illicit substances from our communities. With the passing of the Farm Bill, the DEA further clarified that cannabinoids themselves are not illegal and it is dependent on the source of the cannabinoid, either cannabis or hemp.
Since hemp was removed from the CSA, the DEA has withdrawn.
3. The Dividing Line
The dividing line determining what is or isn’t an illicit source has always been a bit of a source of confusion. The magic number for this dividing line has now been set at 0.3%.
That is, 0.3% THC. If the substance’s THC level is below 0.3%, then it is completely legal. Hemp products fall under this number, so they’re in the clear. Cannabis plants vary wildly, but most contain higher than 0.3%, so they remain federally illegal according to the CSA.
4. There’s Always Been a Gray Area
Pre-Farm Bill, there was a sort of gray area when it came to zero THC CBD products. Hemp-derived CBD had more of an image issue than was it actually illegal. Because of that, different states had different regulations on CBD oil and other products.
There were extremely friendly states, friendly states, not-so-friendly states, and gray area states. The friendliest states had explicit laws allowing the sale of industrial hemp-derived products. The least friendly states had no explicit laws against it, but previous actions denounced the sale of hemp products.
As you can plainly see, the grey areas lay in the fact that most states didn’t really have any regulations in place for hemp-derived products like CBD oil. These gray area states didn’t have any real prohibitions, but there were exemptions in the law to argue against the legality of hemp-derived CBD oils, etc.
This is why the Farm Bill was and is so important. It cleared up all of the uncertainty that state law had with hemp products and removed it from their hands altogether.
5. The FDA’s Involvement
The US Food and Drug Administration has a bit of a problematic stance on CBD oil and products like it post-Farm Bill. Their stance is that CBD cannot be marketed as or within foods or dietary supplements. There’s a rather lengthy backstory to this stance.
Basically, they stated that because a product containing CBD was approved as a drug and public clinical trials were conducted on CBD as a drug prior to the Farm Bill, nothing containing CBD can be marketed as a food or supplement.
6. Hemp Is Now an Agricultural Commodity
Since hemp is federally legal, it is now recognized as an agricultural commodity like apples, wheat, or corn. As such, it will be subject to government regulations like any other crop, but farmers are rejoicing at this new opportunity.
Specifically, Kentucky-based farmers looking for a tobacco replacement are starting to see hemp and CBD-oil as a potential saving grace.
The ability to grow and harvest hemp and distribute it to companies that extract the CBD oils from it to make new CBD products is surely going to be great for local economies. Companies like Highland Pharms and Bluebird Botanicals are at the top of the hemp-derived CBD oil market.
7. World Health Organization
The WHO has been a great proponent of hemp-derived CBD. In a statement released in a November 2017 report, the WHO deemed CBD to have “no effects indicative of any abuse or dependence potential.”
They also went on to say that “CBD is generally well tolerated with a good safety profile” and “there is no evidence of recreation use of CBD or any public health-related problems.”
There’s been too much evidence of good for CBD to be outlawed any longer. Countless studies have shown that it supports the body’s overall wellness, promotes cognitive health, reduces inflammation, and promotes better sleep.
8. Cannabis-Derived CBD May Be Next
As we begin to see the widespread production and distribution of hemp-derived CBD and the continued state legalization of cannabis, it’s hard to imagine that more varieties of CBD oil won’t be available in the coming years.
For now, however, since cannabis contains higher than 0.3% THC levels, cannabis-derived CBD will remain federally outlawed. There is hope for the future though.
Try Out Hemp-Derived CBD Oil for Yourself
If you suffer from anxiety, depression, muscle cramps, or lack of sleep, try out hemp-derived CBD today and see how it can help you. The Farm Bill has made it available to us country-wide and the WHO has deemed it to have a good safety profile.
Now that the gray area is gone, you can use hemp-derived CBD oil to your heart’s content.
The decision by a judge and subsequent prosecution depends on the crimes committed by a victim. In a drug-related case, the judge and prosecution might decide to send the defendant to rehab with a view of changing the life of the victim. A court-ordered rehab (check it out) incorporates a mandatory rehabilitation which is given as an order by the judge emanating from alcohol or drug addiction. The decision is usually in lieu of incarceration which may not have assisted the victim in recovering from the addiction. The people convicted in such cases are mostly under the influence of alcohol or other drugs, which leads them to commit minor crimes. Therefore, their judgment may be impaired thus ending up in a court of law.
Basically, court ordered treatment occurs when the crime committed by the accused is minor and may not be appropriate to rule on prosecution or incarceration. The objective of this form of rehabilitation is to ensure that the offenders do not graduate into other serious crimes and therefore they get a chance to change their behaviors.
Before undertaking the order, screening is undertaken by the police or rehabilitation officials to determine the level of addiction. Symptoms such as the victim being unable to control their actions, suffering from health issues emanating from drug dependence, and using drugs every day qualifies the person to be undertaken to an emergency court ordered rehab.
How to get there
Courts make a determination that a prison sentence may be an inappropriate option for a victim. A person qualifies for a court mandated rehab if the crime that the defendant committed was not violent in nature. The victim only needs to undergo rehabilitation to sober up and regain their right minds. Additionally, if the crime that the victim committed emanated from their dependence on drugs, the judge will give a court ordered rehab. The judge may also foresee that ordering the victim to rehabilitation would be the best option as this would help them reduce their dependence on drugs. In such a situation, the person automatically qualifies for a court appointed rehab. Consequently, a victim that qualifies for probation can be ordered for rehabilitation.
Advantages of Court Ordered Rehab
People have the notion that this form of rehabilitation is forced. However, research shows that court ordered treatment for substance abusers is as effective as the voluntary forms of rehabilitation. The effectiveness of this form of rehab depends on the person. The advantage of this rehab is that even though there is low motivation at first, the victim develops interest as the desire for the drugs fades. This ultimately leads to a situation whereby a victim’s rate of abstinence, re-arrest, and employment are similar to those that undergo voluntary rehabilitation. This court ordered rehab helps people to change and focus on positive things in life as opposed to abusing drugs.
Court ordered rehab is a method that the department of justice uses to help people change their lives. In lieu of giving them years in incarceration, it is better to take them to rehabilitation. However, this depends on whether their crimes were violent and their overall behavior. Ultimately, the method can change behavior applied positively and embrace the outcome.
Vaping has quickly become a trending activity. In fact, one in 20 people in the U.S now use vape pens, e-cigarettes, vape machines, etc.
However, before you whip out your vape pen, do you actually know the vape laws of your area? This is especially important if you’re traveling and are in an unfamiliar place. The last thing you want to do is get arrest or fined for something you believed to be perfectly legal!
Unfortunately, vape laws don’t vary from country to country, they vary state to state, province to province, city to city. No matter where you’re at, make sure you’re 100% certain of the local vape laws and regulations before you risk legal trouble!
Keep reading to get a better idea.
Vape Laws and Regulations You Should Know About Pertaining to Your Area
We know how exciting it is to learn more about new vape stores in unfamiliar areas. New flavors and products are part of what makes traveling fun. However, before you get too excited, you need to make sure you’re operating within the confines of the law.
The following points are the most important and easy-to-follow vape laws and regulations you need to concern yourself with. The internet is a vast world of knowledge where you can easily research a new area before you visit. It also wouldn’t hurt to bone-up on your current location either, just to be safe!
1. Indoor and Outdoor Public Usage
What is the vape laws concerning public usage? Is it allowed in private indoor and outdoor spaces or in public areas as well?
If it’s illegal indoors, are there exceptions, such as in bars or clubs? Can you smoke in open outdoor spaces such as parks or parking lots? What about in a private car while in a public parking lot?
These are important answers to know before your next vape!
2. Vape Content
Depending on your state, vaping may be legal as long as you’re not using a banned substance, such as THC or CBD. This can be difficult to regulate, but you’re better safe than sorry.
However, there are some states, such as Oregon and California where medical and recreational marijuana use is legal. However, that doesn’t necessarily mean it’s legal to use it in public.
3. Legal Purchase and Possession Age
Surprisingly, the legal purchase age of vape products varies from state to state, regardless of the vape oil used. Some states allow people who are 18 to buy and possess vaping paraphernalia while others limit it to people who are 21 or older.
You must abide by the vape laws of the state you are currently in. Where you bought your vape oils or vape pen is irrelevant if you’re carrying it illegally now.
4. Airport Usage
Interestingly, airports operate slightly outside of the vape laws and regulations of the state they’re in. If it’s illegal in the state, then it’s illegal in that state’s airport.
However, public usage regulations may vary, as many airports have specific areas set aside for travelers to smoke and vape. It’s not reasonable to ask them to wait for the entire span of their trip to smoke or vape again, yet, they can’t exactly head outside of secure areas either.
Finally, as a vape enthusiast, you have to pay attention to more than just the areas vape laws. Many places of business may ban vaping on the premises, even in cities where it is otherwise perfectly legal.
Just like cigarette smokers, vapers must adhere to standards set by businesses and property owners.
Be Smart and Enjoy Where You Can
Remember, vaping legally isn’t always a given. Pay attention to local vape laws and regulations and play by the rules. Sneaking a vape in isn’t worth a hefty fine or worse!
Enjoy your vaping where you can and be patient where you can’t! Remember to research new areas ahead of time to save yourself frustration and disappointment!
Across the US, an increasing number of states are legalizing tetrahydrocannabinol (THC ). As of June 2019, 11 states have legalized THC for recreational purposes and a further 31 have legalized it for medical use.
Despite this, cannabis remains a Schedule I controlled narcotic under Federal law. This essentially means it is still illegal nationally regardless of the state you’re living in.
In spite of it being illegal on a country-wide level, doctors in states pro-medical cannabis states are continuing to prescribe cannabis for a variety of mental and physical illnesses.
Medical cannabis can have serious implications for those who suffer from severe disabilities. This is because the use of cannabis, even if prescribed by a doctor, can make one ineligible for Social Security Disability Insurance benefits.
What is medical cannabis?
Medical cannabis is a broad term for any medicines that contain compounds from the Cannabis-Sativa plant. It is believed to have several therapeutic applications.
Medical cannabis comes in many forms such as tinctures, drop and oils. It is also common for a doctor to approve a medical device such as a cannabis vaporizer that has been approved for medical use.
The Cannabis Sativa plant contains over 100 different cannabinoids that each have their own individual effect on the human body. THC is possibly the most infamous. It is this compound that makes users feel ‘high’ and is the cannabinoid responsible for the entire plant being illegal. however, other compounds such as CBD have no psychoactive effects and an increasing amount of research suggests it can treat a variety of ailments including :
- Alzheimer’s disease
- Appetite loss
- Crohn’s disease
- Eating disorders such as anorexia
- Mental health conditions like schizophrenia and posttraumatic stress disorder (PTSD)
- Multiple sclerosis
- Muscle spasms
- Wasting syndrome (cachexia)
In 2016, medical cannabis has featured regularly in the news due to a specially formulated version of the drug being used successfully to treat children with a severe form of epilepsy.
Since then, the drug, better known as Epidiolex, has been approved by both the US and UK governments for people with hard to treat epilepsy.
How can medical cannabis affect my SSDI benefits?
As a general rule, the (SSA) Social Security Administration can deny benefits to applicants who abuse drugs or alcohol.
The SSA is a federal agency and acts according to federal law so has to consider medical cannabis an illegal drug, even if you live in a state where it is legal and it is prescribed by a doctor.
Typically the SSA will deny any benefit claims if they have reason to believe that the use of the drug or alcohol is a detriment to your well-being.
It is also worth noting that the SSA will deny any applicant who uses cannabis recreationally as this is deemed illegal activity and therefore falls under abuse.
As a result, it is imperative that anyone with a prescription for medical cannabis consult with an attorney before applying for Social Security Disability Insurance benefits.
A lawyer well versed in the Social Security Administration is the best place to calculate the risks of being denied an SSDI claim and can work with your doctor to ensure that you can successfully build a case that your cannabis use aids your disability and general well-being.