I'm Not a Lawyer

[CT Orange]

But, I'm fairly certain that it's not illegal to fail a drug test since it doesn't actually indicate possession, purchasing, or selling of any drugs. Can anyone clarify or confirm if my thinking is correct?

 

[EastCoast2]

But, I'm fairly certain that it's not illegal to fail a drug test since it doesn't actually indicate possession, purchasing, or selling of any drugs. Can anyone clarify or confirm if my thinking is correct?

correct

 

[CT Orange]

and is there anything specific to the ncaa that indicate if this is a violation?

 

[TexanMark]

Bottomline: The NCAA is an organization you join and abide by their rules...the letter of the law doesn't mean much.

 

[SUFan44]

Bottomline: The NCAA is an organization you join and abide by their rules...the letter of the law doesn't mean much.

NCAA doesn't have a drug policy - they leave it up to schools.

So what this all boils down to is Syracuse failing to abide by its own rules.

A bunch of nonsense if you ask me.

 

[CT Orange]

I get that, and without getting into my specific feelings towards the NCAA, I'm wondering if anyone is familiar with whether or not (and what it is) the specific NCAA by-law indicates in this matter. I'm just saying, I don't see anything specific anywhere, so I'm curious as to whether or not there is anything specific and if there is what it is.

Thanks.

 

[CT Orange]

Thank you SUFan44. It seemed like a lot of hot air to me.

 

[hungrychuck]

and is there anything specific to the ncaa that indicate if this is a violation?

Read elsewhere that schools are not required to have a drug policy, but if they do have one, they are required to follow it.

Believe the NCAA contracted with Joseph Heller to write this portion of its regs.

 

[JOC44]

But, I'm fairly certain that it's not illegal to fail a drug test since it doesn't actually indicate possession, purchasing, or selling of any drugs. Can anyone clarify or confirm if my thinking is correct?

Not correct. Knowing use of illegal drugs is illegal. As a general matter, a jury may infer that the presence of drug metabolites in your urine is proof of knowing use. The jury generally is not required to adopt that inference, and might not if there is a scientifically plausible story of innocent ingestion.

 

[JOC44]

correct

I would rethink that answer.

 

[Victory Lap]

I would rethink that answer.

I wouldn't. Trust me, there are no criminal law matters in this, only civil. Now, if someone got into an accident and killed someone, that's a different story. The only folks who face criminal penalties for drug tests are those on probation, because the standard changes from guilty beyond a reasonable doubt to "more likely than not."


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I am here: http://maps.google.com/maps?ll=33.787704,-84.389152

 

[orangefan13]

"We were like the beatles up there" -Melo.
Then he gets hit with trees in his car in his rookie second year.

 

[JOC44]

I wouldn't. Trust me, there are no criminal law matters in this, only civil. Now, if someone got into an accident and killed someone, that's a different story. The only folks who face criminal penalties for drug tests are those on probation, because the standard changes from guilty beyond a reasonable doubt to "more likely than not."


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I am here: http://maps.google.com/maps?ll=33.787704,-84.389152

But the question went directly to criminal law ("illegal"). The premise of the original question was whether there can be criminal consequences arising from a failed drug test. The original premise was no, that it's not legall possible. I thought it wise to dissuade people of that view. States don't generally prosecute mere use of illegal drugs (though the military sure does), but it is a false premise that they couldn't prosecute based on a failed drug test.

 

[Victory Lap]

But the question went directly to criminal law ("illegal"). The premise of the original question was whether there can be criminal consequences arising from a failed drug test. The original premise was no, that it's not legall possible. I thought it wise to dissuade people of that view. States don't generally prosecute mere use of illegal drugs (though the military sure does), but it is a false premise that they couldn't prosecute based on a failed drug test.

Fair enough. In the abstract, it's possible. In practice, highly improbable.