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can you get arrested for having marijuana in your system?
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can you get arrested for having marijuana in your system?

because my freind has to go do a drug test and he has been to a bunch of parties where people were doing it and he is pretty sure it will be in his system so please help

You can not be arrested for having it in your system, unless you are "under the influence" such as driving, because it does affect your judgement as does alcohol or any other drug. But just by having to a drug test and it shows up in your urine.... no. Although you probably won't get the job either. So I suggest if you are applying for jobs that require a drug test, stay away from those types of parties.

Cloudcity CC
as Cindy said you could be charged with being under the influence (If you were driving, operating heavy machinery etc.) There is no such law as possession by ingestion; you cannot be charged for having marijuana in your system. I don't understand why he (I'm guessing it's really you, it always is when someone says, it's a "friend" regarding drug use) would have to go for a drug test. Is this required by his employer ?

Kayla F
He can't get arrested, but he can get kicked off of whatever team he's on or fired from whatever job he has. What is his drug test for? If he tests positive for marijuana, he will definitly be penalized, but not by the law. You can only be arrested for having marijuana in your system if you are operating a vehicle.


Theoretically, yes. It's called "possesion by ingestion". The question, though, is "Why does he have to have a drug test?". If it's for employment then no-one is going to tell the police the results - they're confidential - so he doesn't have to worry about getting arrested. If it's because he's on probation or parole, on the other hand, his PO *is* going to be told. Then he has a whole new set of issues. Richard

Cindy B
Usually no, however you could be charged with being under the influence if your behavior warrants it. If he is "pretty sure it will be in his system" he has been using, not just smelling it at a party. If the drug test is for a bond condition, or condition of probation he is in trouble. If it is just for a medical evaluation, then he is OK.

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