Can you be arrested for having marijuana in your system?

Question

i have a friend who is a diabetic and she went into diabetic shock and had to got to the hospital, but when they started taking tests and her THC level was extremely high she smokes everyday and now there saying that the whole house is under investigation is this bulls*** true? she lives in the state of Maine

Answer 1

You cannot be arrested for smelling like marijuana.

You cannot be arrested for having marijuana in your system(which is something very hard to test for in cop pull-over situations), unless you are driving under the influence of it or just did hard time.

The only thing they can immediately arrest you for is physical possession. There's no law that says you can't get high or have it in you. If you're high and they find no drugs, that's their problem.

At this point, they cannot legally search your friend's house unless one of the two happens:

1.) She willingly lets them in. (Stupid! Stupid! Stupid! Don't fall for it!)

2.) A judge issues a search warrant.

If they search her house anyway and find something, her lawyer can request from the judge that all of the evidence be suppressed due to illegal search procedure and a violation of your constitutional rights.

Simply having THC in your blood is not enough to issue a search warrant for drug possession. If she had a nickel bag of weed on her that'd be another story.

Furthermore, what business does the hospital have in releasing her private medical records?! That is a violation of federal law and I think she should look toward getting that remedied. The only reason her records should have been released is if she were already under investigation for something else or was in an automobile accident in which she killed someone. Serious violation of medical privacy rights there! If it were me, I'd sue the hospital!

Answer 2

that is BS, but i suspect they'll get away with it. it's not illegal to be high unless you're on probation or driving. Thus having thc is not illegal, notice they did not charge her with a crime yet. It does raise the suspicion and they may watch your house to see if you deal. That is if they don't have anything else to do or no better leads, as that is a flimsy lead. I'd hope cops have more to go on than some girl is high. that's not going to get them far. I do suggest you cool out for a while.  

Answer 3

GIVES PROBABLE CAUSE FOR A SEARCH OR INVESTIGATION. SHE PROBABLY WONT BE CHARGED. "INTERNAL POSSESSION" USUALLY ONLY APPLIES WHEN ITS RELATED TO PEOPLE ON PROBATION, PAROLE OR BEING OUT ON BOND.

Answer 4

   No, you cant be arrested for testing positive on a drug test, nor can it be the grounds for a search warrant. Get a lawyer. Find out who at the hospital released the results of her tests to authorities and sue them. Hospitals cannot legally disclose your medical records to anyone without your permission or a warrant. - On the bright side, it's in Maine. Marijuana is decriminalized in Maine.