How can I prove I didn’t smoke marijuana?

UPDATED: Sep 30, 2022

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How can I prove I didn’t smoke marijuana?

Throughout a program with weekly random drug tests I had been smoking an over the counter vape juice called CBD. I tried a new brand the last week of my diversion and failed for THC. How could they sell something over the counter with enough thc to show up on a drug test and what legal action should I take. I’ve spent $11,000 on 2 lawyers and now the second isn’t responding too much at all.

Asked on January 24, 2017 under Criminal Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A good start would be to the vape juice tested by a reputable lab, one with a good reputation and credentials which will draft a report on what it found (and whose technician[s] could testify--either voluntarily [e.g. if you pay them] or if they are subpoenaed--for you in court as to the results). If the lab reports shows detectable level of THC, that will go a long way towards proving what you way. You (or rather, your attorney; and based on what you write, you may need to think about hiring a new one) can forward the report to the authorities to substantiate your claims.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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