As a lab-coated and rubber glove wearing researcher from the South Carolina Center for Biotechnology dumped a sample of oregano into a field test kit, Mintwood Media's Adam Eidinger produced a positive test result for cocaine with another kit simply by exposing it to the atmosphere. "This is just air," Eidinger said, opening up a test and waving it as the reagent turned orange, indicating a positive result. (See the YouTube video here.)
The testing done at the press conference replicated that done earlier by the researchers, who found that a surprisingly large number of common substances generated false positive results for the presence of drugs. "While testing the specificity of the KN Reagent test kits with 42 non-marijuana substances, I observed that 70% of these tests rendered a false positive," said Dr. Omar Bagasra, director of the Center for Biotechnology, who conducted the experiments.
That research came as part of new report, False Positives Equal False Justice, by forensics expert John Kelly in collaboration with former FBI chief scientist and narcotics officer Dr. Frederick Whitehurst. In the report, the pair uncovered "a drug testing regime of fraudulent forensics used by police, prosecutors, and judges which abrogates every American's constitutional rights," as Kelly wrote in the executive summary.
"Law enforcement officials, forensic drug analysts, and prosecutors knowingly employ the flawed Duquenois-Levine and KN Reagent tests as well as mere conclusory police reports to wrongfully prosecute and convict millions of individuals for anti-marijuana law violations," Kelly wrote. "These wrongful prosecutions and convictions violate Supreme Court rulings which prohibit the use of inaccurate, nonspecific tests and/or conclusory reports because they do not prove the presence of marijuana in a seized substance. In other words, millions of people have been, and continue to be, prosecuted and convicted of marijuana charges without proof that they possessed marijuana."
"In terms of policy recommendations, it's real simple, no one should be using these faulty field tests, they should be thrown out and the company that's making them should probably be put out of business," Kampia told the press conference. "Natural soap, chocolate and newspaper, among other household items, all will test positive for marijuana and other drugs such as GHB, yet these kits continue to be used in both arrests and prosecutions nationwide. In our society we have the principle that you are supposed to be innocent until proven guilty. These tests turn that on its head."
ODV, a subsidiary of Forensic Source, manufactures the NIK Narco Pouch 908 and 909 tested by the researchers. The company did not respond to requests for comment by day's end on Thursday. The tests' packaging warns that they can produce false positives, but does not mention that most of their positives are false.
Bryn Mawr honor student Janet Lee was another victim of inaccurate field drug test kits. As she prepared to fly home for Christmas break in 2003, she was arrested at the Philadelphia airport after three condoms filled with flour (she said she squeezed them for stress relief) came up as cocaine on a cobalt thiocyanate (C-T) field test. She spent three weeks in jail facing charges that could net her 20 years in prison before an attorney demanded the drug be retested. Lee collected $180,000 from the city two years later to settle a lawsuit, but still suffered the Kafkaesque nightmare of being jailed.
Lee was lucky. A jail guard recognized her as a volunteer and beat the bushes for a good attorney. It is unknown how many others like her there are who, lacking such resources, either were found guilty or plea bargained to crimes of which they were innocent because of deceptive field drug tests.
Later lab testing proved it was indeed chocolate, not hash, and the pair were sent on their way. They also accumulated a $20,000 legal bill. To add insult to injury, when the couple tried again to fly to the US three weeks later with their raw chocolate, it again tested positive on the field test kit. This time, Obadia was arrested and charged with hash possession.
The report should be displayed at every US courthouse door
I read the full False Positives Equal False Justice report. It should be prominently displayed at every court entrance a potential juror, judge, defendant or defense attorney might possibly use. A link to the report is going to be added to my list of email signatures. If every potential juror is aware of the common use of inaccurate tests, when the time comes that some are on a drug trial jury they may realize and notice that the prosecution has failed to prove beyond a reasonable doubt that the substance involved is the substance it is alledged to be.
A link to the report should be emailed to every Public Defender and private defense attorney also.
athens texas indictment for drugs
in athens texas i was pulled over for speeding and taken to jail for cigarette rolling papers and denture repair powder found in my purse search .shortly after my release in court for speeding ticket i was guilty and the cigarette papers paraphinalia charge was dropped.the police field test wasnt the color of positive he showed and after i said the difference in color.the police threw the test in weeds?i am certified pharmacy techncian never has had any drug charges or accused of such.after 6 months of waiting i now am being indicted for the denture repair powder being called possession of drugs?i dont know how or what to do to prove my innocence
Submit this as a story idea to Democracy Now!
Democracry Now! is a relatively prominent radio, TV and web news program which might take an interest in this and report on it. Perhaps even interview people and explore implications of faulty test use on air. Many people submitting this as a story will increase the likelyhood of this happening. Please take a few minutes to make such a submission with a brief comment and links to this story and the report itself. Story ideas can be submitted at http://www.democracynow.org/get_involved.
Recidivism rates
Most people who are returned to prison for parole and probation violations are for "technical" violations such as failed drug tests.
In Pennsylvania, on average, a third of the people released from prison each year are returned on 'technical' violations and about 23% for committing new crimes. The state does not break it down for types of 'technical' violation but failed drug tests are, I believe, a major factor.
Great Article!
Yes! This info needs to be boiled down to poster size and then put up in every public place we can. Fantastic work, MPP!
Now...Those infamous random company piss tests...are they also this faulty? I've passed quite a few of 'em but they always have me worried that something stupid I ate like goat cheese or poppy seeds will show up as contraband.
Anyone know anything about the piss tests?
Bertha And Maude
The Good doctor
Dr. Bronner (read the label on his soap) must be spinning in his tomb; he of all people, didn't want us to be slaves...!
No justice
no pee. No justice, no pee...
Homeland Security. Oh, Really?
If you ever watch that "reality" show Homeland Security they are always "proving" the presence of illegal substances by using these testing kits. It would be nice if they mentioned the false positives they get with these things on that show. Government do the right thing? Nah!
False Postives!!
I am currently fighting with my PAROLE over FALSE POSITIVE UAs that they claim do not happen!!!! Texas
false positive
I am also on probation where I was sent to a place where I was drug tested as part of an outpatient drug program...i have not used any drugs in over 90 days yet at 60 days and at 30 days i tested positive for cocaine even though I had not used any i have never had a positive result when tested at probation but they also use a different brand of urine drug screen it is a cup with the panel built into it the one that gave false positive results was the Reditest dipstick ten panel test my probation has been revoked and i am going to jail for something i didn't do
false positive
I am also on probation where I was sent to a place where I was drug tested as part of an outpatient drug program...i have not used any drugs in over 90 days yet at 60 days and at 30 days i tested positive for cocaine even though I had not used any i have never had a positive result when tested at probation but they also use a different brand of urine drug screen it is a cup with the panel built into it the one that gave false positive results was the Reditest dipstick ten panel test my probation has been revoked and i am going to jail for something i didn't do
Flse positive
I was recently banned from entering a job site that my company is working on because I tested positive for cocaine and pcp. I have used cocaine in the past but not in about 4 years. I have never in my life touched pcp. I have epilipsy and take 325 mg of lamictal per day. I have also tested positive for cocaine while taking dilantin and depakote for siezures. This is total BS and I am seriously considering getting an attorney. Thank you for the information. This really helps me better understnd my rights.
false positive
can benedril and ultram test as methodone?
12 year old son false pos.
My 12 year old son was recently kicked out of school. I should note my son has an I.E.P. and attends special ed classes. The school showed a drug info video where my son saw a joint. shortly after he noticed a ripped green tea bag in the trash and saw that it looked exactly like the pot he saw in the video. He put it in a paper and did his best to make it look like what he saw and took it to school to show it. (always stating it was just tea) he never tried to hide it and gave it to a teacher when asked. IT TESTED + for pot. we have had it sent to lab and are waiting for the results. When I asked the police to test the tea to compare they refused even when we offered to pay for the test. He was charged, put on an In home detention, nearly sent to a jjc, taken from school in cuffs, and kicked out of school for 45 days all on the results of the field test. now the school is telling us if we bring his lawyer to his IEP review we will not be allowed in!!! HELP ME ACLU.
False Positive
I'm currently on Probation and i got a notice yesterday that i have to report Monday I have had a cold for a week now and the only thing i can take is Robitussin and Sudafed and Tylenol I only take Tylenol for my headaches because I'm pregnant with my 3rd child and that all i can take and as i said before I have been sick for a week so I've taken the nasal decongestant and cough syrup and i terrified that I'm going to end up with a false positive and be violated and I do not have the money to have that sent to the lab if it comes back positive I have 3 years of probation and I was put on it in 2009 it's been a year so i still have 2 years left and i so afraid that I'm going to jail and lose my children because of a false positive i have in the past used drugs but that been 5 years ago and since i have became a mother i have left that life behind and i passed every drug test since 2009 but now as i said I'm terrified that I'm going to jail and i will lose my children and we do not have that money to bond me out if that's happens. What should i do? I been there once for the charge that got me the probation and i never want to go back!
flawed drug tests
When stopped refuse the test just like alcohol stop. Gives you time to get it together for the judge. Certainly a hassle but what's the alternative? Another symptom of our corrupt and antiquated justice system and the cowardly politicians who allow this crap to go on.
the funnies
When our government regulators golf, dine, drink and party (on expense accounted gruel) with the testing industries' presidents and CEOs at the Biltmore in Arizona, something is fishy.
diphenhydramine = false + benzo in urine
I have been on a methadone maintenance program for the past 12 years. I know most people will say that is a long time, it has been a life saver. For the first 8 -9 years I continued to abuse opiates while taking methadone and came close to being discharged for non-compliance with program rules. About 3 yrs ago I finally "got it" and realized I was only hurting myself and stopped using all illicit drugs. Other than the methadone the only thing I take is Benadryl (diphenhydramine) due to chronic insomnia. My primary doctor has prescribed many different sleep meds but with most of them the side effects were worse than the insomnia itself. My problem is that I keep getting false positive benzodiazipine urine tests. If I don't take them for 2 or 3 days before my scheduled urine I get a negative benzo result. While I realize that us junkies are notoriously less than truthful about past and present drug use and abuse, I can assure you that I am not lying about my current situation and need to find someone who can explain why this is happening and what I can do to remedy the situation before I get terminated from the program that I credit with saving my life. Any response whether positive or negative would be greatly appreciated.
Nitroglycerine causes fasle positive
Nitroglycerine also causes these tests to test positive for Meth.
Lets get these things OUT of law enforcement hands.
They DO NOT WORK!
Finding any information to overturn a false positive drug test.
09-24-2012 On this date I took a random drug test and 3 days later was told I fail for thc . 1 week prior had a colonoscopy. What meds were given at the time I am checking into. That week before the test I was given a prescription of omeprazole . I also took nabumetone , methocarbamol , percocet , ibuprofen , benadryl , advil migraine , and cortizone creme. I was told that I have diverticulosis, and with a diverticulitis out break that why I had a colon screening. On 10-02-2012 I asked my employer to retest split bottle B for detention. For on 10-01-2012 I was fired from my duties as a CDL-A truck driver. I currently live in Virginia and now seeking any and all information and advice in what to do . The MRO ( medical review officer ) would not listion to my explaination of meds that were given to me . Hoping to get this resolve without to much exspensce. If anyone is reading this please respond. Yes 30/40 years ago in high school did smoke a little, not now!. Reading other comments on line it seems my CDL-A is over for good. Not sure if unemployment will help , have not file yet. Waiting for the results of the split bottle test. Thanks Mike.....
False NEGATIVE test results!!!
I am disabled due to a crumbling spine and several lesser problems. Have gone to my same family dr. for 13 years for hydrocodone, steroids, ativan and paxil. When the new laws for drug testing passed, I had no problem taking my first one for him because I have taken my meds faithfully for all these years, that is every single day for over 5,000 days! I was devastated when his secretary called to tell me that my urine test came back negative for any drugs whatsoever and that I was completely cut off, period, no weaning down to avoid serious withdrawals, no referral to another dr., nothing! I begged for a second test and was told no! I have suffered terribly and can't understand how they could do this to me after knowing me so well for so long. Is there anything I can do about this? My life has deteriorated bigtime, can't do much of anything but wear my backbrace and tens unit and cry all the time. Any ideas? Please help!
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