A young man in Pittsburgh recently spent 10 days in jail after he tested positive for THC on a court-mandated drug test. Of course, this never should of happened, since Sampson Bailey Jr. holds a medical marijuana license.
"I wasn’t expecting to be there at all," Bailey told KDKA of his stint in jail. "I was supposed to go to work in a couple of hours. Wasn’t able to go to my work. I missed eight days. Lost the job."
On April 10, Bailey appeared in court on unrelated charges when the judge issued a drug test Bailey didn't know he would be receiving. He didn't have his medical marijuana card with him that day so when his test returned positive for THC the judged believed him to be under the influence at that time and sentenced him to time in prison.
"I was not high that morning," explains Bailey.
The judge claimed he wasn't able to determine if Bailey was telling the truth about having a medical marijuana card, a statement attorney Patrick Nightingale, a partner at Cannabis Legal Solutions, says is false.
"A simple call to the Department of Health can verify that someone is active with the program."
Bailey was only released from jail once his physician was able to provide the documentation that proved Bailey was a medical marijuana patient.
Nightingale says CBD oil can create false positive results for THC.
"At least get this individual the opportunity to demonstrate to the court that, yes, I am a registered patient and I simply don’t physically have my patient identification with me," Nightingale said.
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