Expert: Jason Grabill - 9/10/2009

Question
Hi, I read a question you answered which was very similar to my question so I figured maybe it was best if I ask you. I had always wanted to be a cop so I dropped out of highschool got my GED and joined the Army at 18 to become and infantryman. about 2 years and some change after I joined they found salvia in my possession which is not an illegal drug. I hadn't quite known what the salvia was at the time and was told it was an aphrodisiac and that it was legal. Although it was legal, the military used it as an excuse to kick me out before my medical discharge could go through for my operated knee. I even have paperwork that are print outs of the e-mail conversations of my superiors slandering me as well as plotting against me to kick me out so i don't retain any benefits. I was discharged with a general discharge(under honorable conditions). Most jobs don't hire me because of this because when they see my dd214 and it says "drug abuse" they instantly think I'm some heroin addict and when i embarrassingly tell them it was the legal salvia you can see they have that "riiiight, suuuuure" face on. Bottomline I want to know if maybe the police force would be able to see the truth that this was ignorance of the law as salvia is legal in the civilian world and that i can pass a hair sample drug test proving i don't abuse any drugs? Do i have a chance? What do you suggest as I have been misunderstood and what to redeem myself as a public servant.

Answer
If the military says it was illegal, then it was illegal.  Realistically, it's not the drug use that will keep you from being hired, it's the bad discharge you got.  A general discharge with a bad Reenlistment code is almost impossible to overcome.  You may try appealing your case to the Department of the Army, but it's going to be difficult.

In doing some quick resarch, here:  http://en.wikipedia.org/wiki/Salvia_divinorum  
I would have concerns if you were in the military and doing it.  Quite frankly, even if they didn't outright make it illegal, I'd have issues so I can see why the command would as well.  Since you don't outline the charges you had I'd guess something along the lines of "Violation of a lawful order" or some such.  Furthermore, accusing the command of 'plotting against you' is a sure way for you to get rejected from ANY law enforcement job no matter what sort of discharge you have, it quite frankly makes you sound paranoid or worse.

Bottom line, while the legality of the thing may be in question, the DEA has noted it as a 'drug of concern'.  Meaning that if the DEA calls it that, for sure Police agencies are going to take a very, very, hard and detailed look into your use of it, and likely the outcome isn't going to be favorable in your behalf.

If you believe your case was unfairly handled, and it was a courtmartial, you certainly have the right of appeal.  That might do you more good in the long run.  At present, in my opinion, your chances of getting hired by law enforcement are not good at this time.  Both because of the discharge and what it's for.  You can certainly try a few agencies and explain the situation, but likely the next question you are going to be asked by them is "Are you still doing it?"  If the answer is "Yes" then you are likely wasting your time.  If it's "No" then you *may* stand a slim chance.

Jason