Army E-7 tested positive on a unit sweep urinalysis test for marijuana and his chain of command referred his case to a court-martial. Complicating matters, our client also tested positive on a urinalysis test for marijuana fifteen years earlier, which the government sought to introduce as evidence of a pattern of drug involvement. Our client also had been counseled on numerous occasions for integrity issues. As a result, if our client testified, the panel would have learned that he had a history of making false statements and had a previous positive test result for marijuana. Since we were significantly limited in what type of case we could present due to these prior incidents, our attorneys instead attacked the collection program at the command, highlighting numerous instances of non-compliance with AR 600-85. Result: Even without testifying, our client was found NOT GUILTY of wrongful marijuana use.
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