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  The Digital Collegian - Published independently by students at Penn State
SCI-HEALTH
[ Tuesday, Jan. 8, 2002 ]

My Opinion
Legal ramifications, solutions to roomie's drug use

Question: Two of my roommates are smoking pot, and I'm really concerned.

I don't want any part of it, but since I have to live with these people, I obviously can't call the cops on them.

I've asked them to stop, but they just say it's their apartment, too, and what goes on in their bedroom is their business.

I'm worried when I go to get a job that this second-hand smoke could turn up on a blood test.

Or worse, if they are somehow caught I could be accused, too, since I live in the same apartment. What can I do?

Answer: First, let's address the legal issues related to your roommates' use of marijuana in your home.

The distinctive odor of marijuana may be enough to draw the attention of either the police or a suspicious neighbor.

The odor may also be sufficient for probable cause to search an area or person.

If you are not consuming, and you are not in the room where it is being consumed, and you are not possessing (on you or in your room) any drugs or paraphernalia, then the police should not hold you responsible.

The best way to make this clear to an inquiring police officer is for your roommates to take responsibility.

They should tell the police officer that you are not involved.

If you are not confident that your roommates will do this, then you should address the primary issue, which is the roommate situation.

You could consider giving them the ultimatum of being drug free in the apartment out of respect for you.

If they choose not to do this, you should advise them that you will inform the landlord (or residence life) and seek either new roommates or a release from your lease.

Another option to consider is confidential mediation.

If your roommates agree to this option, you can call the Penn State Peer Mediation Program at (814) 278-8572 to find out more about their services.

You should also note that in addition to being an illegal drug, it is against University rules and regulations to possess, consume, transport or distribute marijuana (as well as other illegal drugs).

So, if caught, your roommates would not only face legal penalties, but the University could also pursue judicial sanctions against them.

The second issue you raise is about the presence of tetrahydrocannabinol (THC) in your body.

Most mandatory drug tests require a urine sample.

Second-hand marijuana smoke can show up on a urine test.

It will, however, only produce a positive result in the first day or so after breathing in the smoke.

In comparison, in order to obtain a positive result, the smoke would have to be so thick that it would irritate the eyes of both the smokers and non-smokers who are in the room.

 



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