Misdeamnor Drug Possession Conviction

[Cato the Younger]

A few questions for the group to consider.
1. How long after a misdeamnor drug possession conviction before someone is eligible to re join CAP?
2. Is the time frame longer if the drug possession was during a CAP activity?
3. Does it matter if the CAP activity was a Cadet Activity?
4. What if it involves the operation of a vehicle or aircraft?

[Nick]

My humble opinion ... if a drug possession charge occurred at a CAP activity, especially if cadets or assets were present, that should be a permanent disqualifier.

[NC Hokie]

I'll have a go...

1) There's no concrete answer here, as it really depends on the exact nature of the offense and the offenders actions since the offense.  That said, I wouldn't even consider the request until one year after the conviction.

2) The time frame then becomes "not in a million years."

3) Nope; possession at any CAP activity would be a deal breaker.

4) See number 2 if the offender had personal possession or was the sole occupant of said vehicle or aircraft.  See number 1 if that is not the case.

[RiverAux]

Given all 4 of those circumstances, I personally wouldn't sign off on their membership application for probably 20+ years.  This assumes that that they had matured significantly and assuming the drug conviction happened while they were a cadet.  If a senior member got busted under those circumstances I can't imagine ever letting them back in. 

But, there isn't going to be any hard and fast rule on this issue as it is all going to depend on much more information about the situation than you should post here. 

I don't think you're going to find any regulatory guidance that is this specific.

[Johnny Yuma]

Busted for bringing dope to a CAP activity? I'll refrain from mentioning how monumentally stupid a stunt that would have been and how whoever would have done this would have to be about the biggest loser idiot on the face of God's Green planet.

But I won't say that. The Hell I won't!

I'd say the chances are (justifiably) somewhere between "Are you effing serious?" and "Go back to your Bong pipe, stoner boy!"

[Airrace]

If the drug conviction involved a CAP activity then I would have to say never!

[Spike]

Once you are out of CAP (2b) and failed to get an appeal board to let you stay in, it is permanent. 

Drugs are a HUGE no-go in CAP/AF eyes. 

We have a whole program trying to get kids to stay away from drugs and then a member actually has drugs at a CAP activity.

Instead of a misdemeanor I would have been pressing for a felony conviction with the local DA, on the basis that he could have contributed to hooking Cadets on drugs. 

Wow......simple answer.....Drugs are bad, drug users are idiots, and we don't need any of them in CAP.  The day a Meth head, Crack dealer or Pot smoking dude is allowed to come back to CAP, is the day I quit. 

[esilassy]

No way in Heck ever......

[JCJ]

A few questions for the group to consider.
1. How long after a misdeamnor drug possession conviction before someone is eligible to re join CAP?
2. Is the time frame longer if the drug possession was during a CAP activity?
3. Does it matter if the CAP activity was a Cadet Activity?
4. What if it involves the operation of a vehicle or aircraft?

All above answers are great comments.  These are handled on an individual basis, but the farther down your list you go, the worse it gets (and less likley a waiver).

If I were in the CoC for this I would put alot of emphasis on the recommendation of the Squadron Commander.  One other "deal-killer" - failure of complete disclosure.  If the prospective member completely discloses the issues and what has been done to prevent them from happening again, then those who review the application have something to work with.  Something serious discovered on the background check that was not disclosed on the application is usually a "deal-killer".  Sometimes errors of the past, if corrected, can be forgiven (but remembered).  Dishonesty is usually a character trait inconsistent with a "one-time event" issue, and in my opinion closes the door permanently.

[Cato the Younger]

Wow......simple answer.....Drugs are bad, drug users are idiots, and we don't need any of them in CAP.  The day a Meth head, Crack dealer or Pot smoking dude is allowed to come back to CAP, is the day I quit.

A pot smoking dude has been let back in and I have been told he is in a position of authority over cadets.

Please don't quit!

[N Harmon]

1. How long after a misdeamnor drug possession conviction before someone is eligible to re join CAP?

Immediately, unless said conviction is part of pattern of convictions (see CAPR 39-2).

2. Is the time frame longer if the drug possession was during a CAP activity?

No, because it would then be the ensuing CAP membership action (assuming one was taken), and not the misdemeanor conviction that made the member not eligible to rejoin.

3. Does it matter if the CAP activity was a Cadet Activity?
4. What if it involves the operation of a vehicle or aircraft?

Nope.

That said, membership suitability is up to the commander, and he/she can decide a person is unsuitable even if a person is good-to-go regulation-wise. With exception to certain non-discrimination items, prior misdemeanor convictions not being one of them, commanders have a wide latitude in who they accept as members of their units.

If it were me, it would probably come down to what drug was possessed, when, and in what context. A misdemeanor ticket for simple possession with fine paid probably would not bother me too much. A trafficing charge pled down to a misdemeanor with jail time, probably would.

A pot smoking dude has been let back in and I have been told he is in a position of authority over cadets.

Important thing to note is that "pot smoking" is not neccesarily illegal for everyone. Although I have a feeling that for a lot of CAP members, it would be less forgivable than say, abusing prescription drugs.

[Eclipse]

Important thing to note is that "pot smoking" is not neccesarily illegal for everyone. Although I have a feeling that for a lot of CAP members, it would be less forgivable than say, abusing prescription drugs.

Cite please.

Cannabis is illegal anywhere within the United States, and the feds don't make exceptions for medicinal use.

[capchiro]

The original question didn't give an age of the offender, however, the juvenile court system is set up for rehabilitation and juveniles are usually found "delinquent" and not guilty of a crime.  One of the reasons for this is to allow the juvenile to return to society and participate as a productive member.  Also, I don't believe misdemeanor convictions automatically prevent one from joining the real military or holding political office.  I believe the proper response would be to allow the squadron commander to make the decision after satsfying himself as to the details of the crime.  How about remembering the prodigal son parable and lightening up.  Not everyone is mistake free in this life.  This may have been a one time indiscretion and then again it may have been something much bigger, but until the details are known to the commander and he makes his decision, most of this is speculation.  There are those among us who have done worse, have reformed, and serve admirably.

[RiverAux]

Keep in mind that applicants for cadet membership can be denied because of a lack of moral character and besides the specific prohibitions, senior membership can be denied based on Any other unfavorable information brought to the attention of CAP officials at any level.. 

So, even though a misdeamor isn't an automatic disqualification, if all 4 of those circumstances were involved a commander certainly could fall back upon those clauses even if the member hadn't been terminated for cause at the time of the incident. 

[Flying Pig]

Important thing to note is that "pot smoking" is not neccesarily illegal for everyone. Although I have a feeling that for a lot of CAP members, it would be less forgivable than say, abusing prescription drugs.

Cite please.

Cannabis is illegal anywhere within the United States, and the feds don't make exceptions for medicinal use.

In CA at least it may not be illegal givern your circumstance.  You can get a license and grow it for medicinal. You can get a card and smoke it for medicinal.  The feds stay out of it here if you are following your counties guidelines.  In Fresno County you can grow 25 plants if you are a provider.  I fly over back yards all day long that have some pretty thick forests going on.  In CA, possession of weed under 1 oz in an infraction.

So that would be an interesting scenario?  A CAP member who "legally" uses medicinal marijuana?  If we have not encountered it yet, someone here will.  That may be a worthy discussion I think?  Politics aside, a member, lets say a Senior Member to make it easy, comes in smelling like weed.  You confront them and they slap down their County issued medicinal marijuana card that is recognized and allows them to possess/ toke weed without legal consequence for their asthma condition (Yes, Ive seen it for that)  You call the local cops because now your confused.  The officer hands Capt Weed J. Toker back his card and tells you hes broken no laws.  Now what?  Because I dont know the answer as a CAP member.  Does it end there?  The guy is legal.  Has CAP thought this one through?  Maybe its a Wing issue since it doesnt apply everywhere.

[N Harmon]

Cite please.

Cannabis is illegal anywhere within the United States, and the feds don't make exceptions for medicinal use.

I am not a lawyer, but it is my understanding that Native Americans are exempt from some federal drug laws by virtue of their religious use.

[Eclipse]

I'll take your word on the Native Americans, however in regards to California, its still a Federal crime, so its still a crime, and since our USAF endorsement is at the Federal level, I'd be willing to bet that's the place where the decision would be made.

Regardless, we're not talking about a convoluted situation with a license, or Native American exemption, or whatever.  We're talking about some ding-dong member who is dumb enough to get busted using or possessing at a CAP activity.

For that my tolerance is zero, find someplace else to spend your free time.

[Hawk200]

.... We're talking about some ding-dong member who is dumb enough to get busted using or possessing at a CAP activity.

For that my tolerance is zero, find someplace else to spend your free time.

Second, wholeheartedly.

[Major Carrales]

.... We're talking about some ding-dong member who is dumb enough to get busted using or possessing at a CAP activity.

For that my tolerance is zero, find someplace else to spend your free time.

Second, wholeheartedly.

If a member is in significant pain to be using Marijuana for medicinal use, then one can argue that they are much too sick to be participating in CAP. 

For that matter, any person on a medicine that might impair their faculties (be they pain killers or other purely medical elixirs) needs to be home and not at a CAP activity. When sick...stay home.

[flyerthom]

Cite please.

Cannabis is illegal anywhere within the United States, and the feds don't make exceptions for medicinal use.

Cite please.

Cannabis is illegal anywhere within the United States, and the feds don't make exceptions for medicinal use.

Several states have medical marijuana laws. An example is Nevada State Health Division Regulations (Pursuant to NRS 453A.710(2))
From NV RNformation .

Nevada Revised Statute 453A

Standards are strict and require  central registration. Patient populations are specified ;

1.  Acquired immune deficiency syndrome;

      2.  Cancer;

      3.  Glaucoma;

      4.  A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

      (a) Cachexia;

      (b) Persistent muscle spasms, including, without limitation, spasms caused by multiple sclerosis;

      (c) Seizures, including, without limitation, seizures caused by epilepsy;

      (d) Severe nausea; or

      (e) Severe pain; or

      5.  Any other medical condition or treatment for a medical condition that is:

      (a) Classified as a chronic or debilitating medical condition by regulation of the Division; or

      (b) Approved as a chronic or debilitating medical condition pursuant to a petition submitted in accordance with NRS 453A.710.

      (Added to NRS by 2001, 3054)

Chances are someone with these conditions would not be in our volunteer pool due the severity of illness.
I have had patients on dronabinol (Marinol) - which is a synthetic cannabis. To the last they have had one foot in the grave and the other on a banana peel. Those using herbal cannabis are also very ill and very regulated. The program is administered from University of Nevada Reno Medical School and  required approval under 21 U.S.C. § 823 

As I said - anyone under this program is to ill to be a candidate for CAP.
Anyone trying to obtain membership who says they are legal users are - in my opinion - not being upfront. Of course in NV anyone in the program is issued a registration card so it can be verified easily.