Q&A: If somebody gets a drug test in their home country but had visited Holland what happens?
Question by Birra spanish castle magic: If somebody gets a drug test in their home country but had visited Holland what happens?
Say a person goes to Holland for their holidays & obviously takes advantage of the coffee shops cannabis (Posession outside is illegal but the police are meant to be lax on that rule). What happens if the person returns to their home country where cannabis is illegal & for some reason gets tested which turns out positive but only because they had ingestied in Holland.
Are they subject to the law of their own country or would this factor be taken into consideration?
Best answer:
Answer by Alex
kind of depends why they are getting tested…
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Posted in Europe. 11 comments
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It depends on their home county’s laws.
There are no international get out of jail free cards on this.
I can’t hire you. You failed a drug test for use of a substance illegal in the US>
What is the test for? Is the person on probation and tested as part of being on probation? If so, then he fails the drug test, and not only does that violate his probation, but the fact he left the country (presumably without permission) also violates his probation.
Is the drug test part of his employment? Then it’s up to the employer to decide what to do. Worse case, the person gets fired for using drugs.
As far as the law goes, though, unless it’s part of probation, having it in your system is not illegal. Being caught with it in your possession is. If you do not have any on you, there is no crime being committed.
it matters not where they got the drugs IF they pop a test in the country that they have to take the test in then they will be punished…………as a side note pretty much all the military when in europe are expressly told that even if they visit Holland they WILL be subject to extra tests, as when they are there they are STILL members of the military and subject to their rules…..
Thing is if some one is regularly tested is it for a job or a condition, if it is a condition then the chance of them being allowed out the country is remote.
Oddly enough been to holland quite a few times and managed to not take advantage of the “coffee shops” so there is NO obviously about it in my opinion
Each country makes its own laws. If a country makes it illegal to have cannabis in your system, they can do that, though I don’t know of any country that does (usually possession or ingestion within the jurisdictional boundaries of the country is illegal, but a sovereign country can use whatever legal theory they want). Similarly if an employer has as their policy that you shouldn’t do certain drugs, legally or illegally, absent some law to the contrary, they can do that too.
Usually, though, if you take cannabis legally in Holland and you let whoever is testing you know that, it should be fine. But this is not legal advice, there are different laws and different rules in different places and depending on who is testing you and why.
No, doesn’t matter. the fact is the drug testing was conducted in a state where the drug is illegal. WHERE they got the drug and how is no concern.
doesn’t matter if u go for a job u will not get the question remains did u bring the cannabias back with you and got caught. The amount of the drugs matters but most states just give u probation
The generally accepted principle is that you should abide by which ever set of laws are stricter – the home country or the host country.
Many country’s authorities will look on this as a breach / offense as you are under their jurisdiction as a citizen/subject no matter where you are. A few turn a blind eye but not many.
Having tested positive you will most likely be liable under the laws of your home country and the burden of proof that it was consumed outside of the jurisdiction under another country’s laws will be on you.
The short version – don’t do it unless you can do the jail time..
If you were to be tested in your home country after a trip in the Netherlands, this person would be liable to the laws in her country. No factors considered ! Drug test failed.
I understand the implications of your question, it’s not formally legal in Holland, it’s just tolerated. Even though it wouldn’t matter even if it were legal in Holland it still wouldn’t have any effect in your home country.
Depends on the purpose of the test. If, for example, you were on probation for a crime involving drugs, and a condition of probation required you to use no drugs, and you used drugs, whether in the Netherlands or elsewhere, then you violated your probation. If the test is for employment, you would have to ask a specific employer for their thoughts on the matter.
BTW, the fact that cops do not enforce certain laws in some countries does not make it legal. It just means that the executive branch of government has decided not to allocate its resources in such a way as to make it likely that you will be prosecuted for your crimes.