Legal Question in Criminal Law in Kentucky

Postive drug test from second-hand smoke of marijuana

My son is on 2 year probation for drug possession (about 8grams).He went to Homecoming activities at his University here in Kentucky.The activities went from 10/11-10/17 with parties every other night.He was constantly around folks that were smoking marijuana.He had a drug test done on 10/18.It came up positive.His court date is set.What can I do to help my child.Going to college is important to him. He's getting his life back.I know he didn't smoke marijuana.What's the penalty?Can you suggest an attorney in my area?What should we do next?Can we request that he go to school and then back to jail after classes? Can we avoid jail altogether? I'd appreciate any help you can give.


Asked on 10/22/04, 1:48 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Postive drug test from second-hand smoke of marijuana

I am trying to think of an easy way to tell you but I can't. Second hand smoke will not cause a positive test. In order to ingest enough second hand smoke to show a positive test, the smoke would have to be of such a density that you probably could not see your hand in front of your face over a LONG (hours) period of time. This is pretty unlikely. If he was around that much marijuana, then he was probably in violation of his terms of probation anyway. I am afraid someone is not being honest about their activities. Good Luck.

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Answered on 10/22/04, 7:33 pm


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