hypothetical scenario - what happens if you are charged with drug possession

[reggiano]

I already know the answer I guess but sometimes you just need someone on the internet to spell it out for you.

Firstly, if you are caught with a tiny bit of cocaine on your person at the airport, this is enough for a felony drug possession charge?

Are you just summarily dismissed from your residency program, without probation etc? I imagine getting caught with coke is worse than weed, and is worse than a DUI. And what happens to your medical license as a resident?

Is your medical career completely over?

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[Apollyon]

I'm neither attorney nor law enforcement. However, I thought possession of any amount of cocaine is a felony, and, being in an airport, that might be a federal beef. If course, I could be/probably am wrong, but, if this is you (not "asking for a friend"), it shows either hubris, or an amazing display of poor judgement.

And, if you already know, then, that implies you were already arrested and charged.

So, 'fess up, or not. However, depending on which state you are in, if you don't have a training license (as, what, only about half of the states have them?), it might only come to light when you apply for a full license. Also, time for trial, and possible prison time, are scarcely available.

Edit: and what is meant by "a tiny amount"? In at least one state, more then 3.5 grams jacks up the charge and penalty on conviction. From my cursory search, all the states across which I've come, and on the federal side, each one of them give jail time for any cocaine possession.

 

[deleted480308]

I already know the answer I guess but sometimes you just need someone on the internet to spell it out for you.

Firstly, if you are caught with a tiny bit of cocaine on your person at the airport, this is enough for a felony drug possession charge?

Are you just summarily dismissed from your residency program, without probation etc? I imagine getting caught with coke is worse than weed, and is worse than a DUI. And what happens to your medical license as a resident?

Is your medical career completely over?

It just might be.

Go find a lawyer, and cut that crap out of your life

 

[Smurfette]

I already know the answer I guess but sometimes you just need someone on the internet to spell it out for you.
Firstly, if you are caught with a tiny bit of cocaine on your person at the airport, this is enough for a felony drug possession charge?

Pretty sure yes, but IANAL.

Are you just summarily dismissed from your residency program, without probation etc? I imagine getting caught with coke is worse than weed, and is worse than a DUI.

Quite possibly. Whether you are given the chance to do some sort of rehab and physician monitoring program is up to hospital policy (illegal substance use is *probably* a fire on the spot offense for most programs. At best, you'll be put on leave pending further investigation and rehab/eval while awaiting criminal proceedings). If you don't tell them, you likely would be fired as well.

And what happens to your medical license as a resident?

If fired, no current residency program = no training license. If you have a full license, the medical board is going to investigate and will likely take some sort of significant action.

Is your medical career completely over?

Unless you beat the charges (which would still result in tough fight to get hired/reinstated), yes. Felony conviction is a career killer, especially as a resident.

 

[Mass Effect]

Who's traveling through an airport these days?

 

[Apollyon]

Pretty sure yes, but IANAL.



Quite possibly. Whether you are given the chance to do some sort of rehab and physician monitoring program is up to hospital policy (illegal substance use is *probably* a fire on the spot offense for most programs. At best, you'll be put on leave pending further investigation and rehab/eval while awaiting criminal proceedings). If you don't tell them, you likely would be fired as well.



If fired, no current residency program = no training license. If you have a full license, the medical board is going to investigate and will likely take some sort of significant action.



Unless you beat the charges (which would still result in tough fight to get hired/reinstated), yes. Felony conviction is a career killer, especially as a resident.

There's always an anecdote. There was an ortho resident in NC, nearly 20 years ago, that beat a girl almost to death with a baseball bat. He lost his program, but, got another one, still in NC, and was able to graduate. And that is with the hard-ass, dingus NC Med Board of the early aughts.

 

[Mass Effect]

There's always an anecdote. There was an ortho resident in NC, nearly 20 years ago, that beat a girl almost to death with a baseball bat. He lost his program, but, got another one, still in NC, and was able to graduate. And that is with the hard-ass, dingus NC Med Board of the early aughts.

Ugh. We have a pyschopath amongst us? Too late to name and shame?

 

[Apollyon]

Ugh. We have a pyschopath amongst us? Too late to name and shame?

I didn't know the guy - only heard the details anonymously.

 

[adiradirim]

Not a lawyer. This is not legal advice. I have worked with impaired/recovering physicians and residents while in residency.

Federally and in most states, "simple possession" is a misdemeanor and carries a possible punishment of up to 1 year in jail and up to $1,000 fine. This goes up depending on prior legal history and quantity of drug.

There are several different situations legally including investigation, arrest, charges, trial/plea, and conviction. The time from investigation to conviction can take weeks to months depending on the legal system.

For residents, there can be issues with employment, residency, and state medical boards, and DEA licensing. Residency programs and medical boards might not find out unless specifically notified. Many state licensing boards have questions pertaining legal charges and drug use. Employers may do background checks that can find arrests/charges/convictions depending on the method.

In general, it is not a done deal 100% for sure dismissal if you are caught with drugs. Some hospitals will enroll you into impaired physician treatment to try to salvage your employment and training.

Regardless of all this, keeping your mouth shut and getting a good criminal defense lawyer is the best way to navigate the system. If they are experienced in the jurisdiction, they can work deals and help a resident salvage their career. Charges can also be dropped or reduced.

Keeping your mouth shut includes not posting incriminating information on public forums that can be traced back to you.

Of course, this is all hypothetical.

 

[Apollyon]

Again, cursory, but simple possession of marijuana is a misdemeanor, but, just randomly looking, simple possession of cocaine has turned up to be a felony in every state, bar none. Maybe it's just a lucky search.

 

[adiradirim]

Again, cursory, but simple possession of marijuana is a misdemeanor, but, just randomly looking, simple possession of cocaine has turned up to be a felony in every state, bar none. Maybe it's just a lucky search.

I think being at the airport makes this more complicated to speculate as it can be federal or state depending on how it was handled. This is exactly why this hypothetical person needs to get a lawyer in their jurisdiction. Specifics matter.

 

[NotAProgDirector]

Was going to mention that I just finished a stint on the Grand Jury in my state. Any amount of narcotic / cocaine is a felony. Even traces of drug on a straw / pipe.

Not saying anything to your program is very, very complicated. Our institution policies are clear that any legal issues (misdemeanor or felony) need to be reported immediately. This will especially be true with a felony. If your program finds out about it later, even if you're ultimately cleared, could lead to immediate termination for not disclosing. Not disclosing to the Board of medicine may result in your license being pulled -- which would be the end of your job.

This is a very complicated situation. It could end badly many different ways. Disclosing might get you fired immediately. Hiding it could result in loss of allof your licenses -- each state reports to all other states. You really need a lawyer who understands the licensing and training / employer issues. And you need to deal with this immediately -- although legal processes take forever to process, your duty to report to your employer and the BoM (if present) is now, not 6 months from now.

 

[Apollyon]

Was going to mention that I just finished a stint on the Grand Jury in my state. Any amount of narcotic / cocaine is a felony. Even traces of drug on a straw / pipe.

What's up with the new "Not" on your name? Give up the job?

 

[NotAProgDirector]

New phase in my life. Still involved in resident education, but time to pass the torch.