Suspension-marijauna paraphernalia conviction-HELP PLEASE!

I have a misdemeanor drug paraphernalia conviction from July 2009 and the USCG is possibly about to suspend my MMC for one year after I reported the conviction on a recent application for upgrade from AB Limited to Unlimited. After speaking with the lawyer I had hired for the case back then I feel like a JACKASS for reporting the conviction on my application because he said they probably wouldn’t have found a misdemeanor that he equated to “leaving a shopping cart in a parking lot”, but I had always heard that it’s better in the long run to be upfront with the USCG. Is there an argument to be had over possesion of paraphernalia not actualy breaking a dangerous drug law? Does anyone have any ADVICE or information that could be shared? thanks for your help

This is not a good situation to be in. I had a friend who failed a UA and had his AB yanked for a year. The Coast Guard required him to attend weekly Narcotic Anonymous meeting for an entire year and meet with a counselor. He was also subject to randoms screenings during this evaluation period. He needed character letters from every Tom, Dick and Harry he ever sailed with. Naturally, he could not sail and still make the meetings. Only after the year of meetings were done was he able to sit before a review board and get his documents back. Good luck and remember… You don’t smoke pot- pot smokes you.

Never fail to report something. Trust me, the fallout is much greater if the CG finds out you lied on your application. It is definitely not worth the risk if even “they probably” would miss it. I’m a bit amazed that you would even repeat his crazy shopping cart analogy. You already had an MMC so it is not like you didn’t know what a huge issue the drug thing is.

[QUOTE=saltwatersoup;46544]I have a misdemeanor drug paraphernalia conviction from July 2009 and the USCG is possibly about to suspend my MMC for one year after I reported the conviction on a recent application for upgrade from AB Limited to Unlimited. After speaking with the lawyer I had hired for the case back then I feel like a JACKASS for reporting the conviction on my application because he said they probably wouldn’t have found a misdemeanor that he equated to “leaving a shopping cart in a parking lot”, but I had always heard that it’s better in the long run to be upfront with the USCG. Is there an argument to be had over possesion of paraphernalia not actualy breaking a dangerous drug law? Does anyone have any ADVICE or information that could be shared? thanks for your help[/QUOTE]

[B]§ 5.59 Offenses for which revocation of credentials or endorsements is mandatory.[/B]

An Administrative Law Judge enters an order revoking a respondent’s credential or endorsement when—
(a) A charge of misconduct for wrongful possession, use, sale, or association with dangerous drugs is found proved. In those cases involving marijuana, the Administrative Law Judge may enter an order less than revocation when satisfied that the use, possession or association, was the result of experimentation by the respondent and that the respondent has submitted satisfactory evidence that he or she is cured of such use and that the possession or association will not recur.
(b) The respondent has been a user of, or addicted to the use of, a dangerous drug, or has been convicted for a violation of the dangerous drug laws, whether or not further court action is pending, and such charge is found proved. A conviction becomes final when no issue of law or fact determinative of the respondent’s guilt remains to be decided.
[CGD 82–002, 50 FR 32184, Aug. 9, 1985, as amended by USCG–2006–24371, 74 FR 11215, Mar. 16, 2009]

There is flexibility. If you had to attend a program by the court, then give the USCG the certificate, if not, and there was no program, then the court was satisfied, and I would hope…the same would go for the ALJ.

… drug are bad, mmmmm kay…

and Im sure you didt inhale either…

[QUOTE=Oldsalt206;46547]This is not a good situation to be in. I had a friend who failed a UA and had his AB yanked for a year. The Coast Guard required him to attend weekly Narcotic Anonymous meeting for an entire year and meet with a counselor. He was also subject to randoms screenings during this evaluation period. He needed character letters from every Tom, Dick and Harry he ever sailed with. Naturally, he could not sail and still make the meetings. Only after the year of meetings were done was he able to sit before a review board and get his documents back. Good luck and remember… You don’t smoke pot- pot smokes you.[/QUOTE]

To the OP: If you can somehow get the USCG to not suspend your MMC, that would be best. If you do get it suspended, it is [I]not[/I] the end of the world. Do as Oldsalt as said in his post, get a McJob, make all your meetings, be an upright, outstanding citizen and above all, STAY CLEAN & SOBER!

I met a DDE Unlimited that had lost his license after getting popped on a random UA while on-board an OSV in the GOM. He had to do all the things listed above, and he was living out of his van in a Seattle city park. When he finally got his license back, his first action was to smoke some more of the green:confused: stuff that got him into trouble in the first place… Not the best idea, but that’s just my POV.

Now that I am on in years, there isn’t any drug that is worth my job. Simple as that. We all have choices to make. This isn’t to say that I had a wild a crazy youth, either. Of course there weren’t the random testing programs 30 years ago that there are now. That said, I would have probably passed most of them even back then. Even now that I am working ashore, I still get popped with random testing at times when I go offshore. I don’t imagine that I would be employed at my current position for very long if I fly halfway around the world to fail an offshore random drug test. . . .

You have or soon to be had an AB ticket so you can’t be completely dumb, but you are definitely acting like it.

[B]How important is your Maritime Career to you…make your choices regarding personal recreation and habits based on your answer…[/B]

[QUOTE=saltwatersoup;46544]I have a misdemeanor drug paraphernalia conviction from July 2009 and the USCG is possibly about to suspend my MMC for one year after I reported the conviction on a recent application for upgrade from AB Limited to Unlimited. After speaking with the lawyer I had hired for the case back then I feel like a JACKASS for reporting the conviction on my application because he said they probably wouldn’t have found a misdemeanor that he equated to “leaving a shopping cart in a parking lot”, but I had always heard that it’s better in the long run to be upfront with the USCG. Is there an argument to be had over possesion of paraphernalia not actualy breaking a dangerous drug law? Does anyone have any ADVICE or information that could be shared? thanks for your help[/QUOTE]

You asked for advice so here’s mine.
1.Quit typing and be quiet, the CG reads here.
2. Don’t ask sailors for legal advice; hire a lawyer that knows USCG administrative matters and let him/her handle it.
3. I’d be as likely to ask a sailor how to handle a drug/alcohol legal matter as I would be to hire one of them as a marriage counselor. These matters are just not our, ahem,…strong points.

tengineer

[QUOTE=tengineer;46787]You asked for advice so here’s mine.
3. I’d be as likely to ask a sailor how to handle a drug/alcohol legal matter as I would be to hire one of them as a marriage counselor. These matters are just not our, ahem,…strong points.

tengineer[/QUOTE]

I resemble that remark. . . .

going to sea for over 40 years you see alot and learn alot. do like any capt. or company would do lie lie lie

[QUOTE=jtcsea;46830]going to sea for over 40 years you see alot and learn alot. do like any capt. or company would do lie lie lie[/QUOTE]

You’re better off snorting a line off a strippers and ass - telling the Coast Guard about it, then falsifying an application and break US criminal code that subjects you to Federal prosecution possible incarceration, fine or both.
Tell the truth and let the chips fall where they may. Whatever the violation may be, there is retribution for the honest man.

it slipped my mind

[QUOTE=anchorman;46832]… there is retribution for the honest man.[/QUOTE]

For sure there won’t be much in the way of absolution.

[QUOTE=Steamer;46838]For sure there won’t be much in the way of absolution.[/QUOTE]

Probably not (minus the religious person - I think that does count a stripper in the eyes of the lord), but most made their share of mistakes, myself included, paid the price, learned a lesson or two, grew up, moved up, and moved on. That’s about as close as you’re going to get, or expected at the very most.