Two New Jersey women who ate poppy seed bagels before going to the hospital to give birth and were then reported for possible child abuse or neglect after testing positive for opiates have filed complaints with state officials charging that the hospital that conducted the tests did so without their knowledge or consent and in doing so violated the state's law against discrimination on the basis of sex and pregnancy.

Eating poppy seed bagels can result in a positive drug test for opiates, and that can have consequences. (Pixabay)

Both women and their families were subjected to traumatic investigations by the DCPP during what should have been joyful first months with their new infants, shattering their trust in medical personnel and causing fear of further unnecessary intrusions by the state, their complaints say.

They are seeking to force both hospitals to end what they call an unlawful practice, as well as compensatory damages for emotional distress. They are being represented by the American Civil Liberties Union (ACLU) of New Jersey. Their case is the latest in which patients in several states – including in New York, Illinois, and Pennsylvania – have filed cases to challenge similar hospital practices, resulting in policy changes and monetary damages.

"No one should be subjected to unnecessary and nonconsensual drug tests. Our clients are sending a clear message to hospitals that these testing and reporting policies are unacceptable," said ACLU-NJ Staff Attorney Molly Linhorst. "Discriminatory testing policies like these upend what should be a time of joy for families, and so often subject them to further trauma and unwarranted investigation by the state."

"I felt like they were questioning my character and parenting skills," said  Kate L. "I’m terrified of ever going to a hospital again; I’m always going to worry that our family could be torn apart. That’s why we are doing all we can to stop this from happening to anyone else."

"I feel violated. This whole ordeal has been extremely stressful and has turned our lives upside down and now, because of what happened, I live in fear of medical tests and how they might be used against me as a mother," said Kaitlin K.  "I found out later that the lab used a testing threshold far, far lower than what the federal government uses."

Maternal drug testing is not only discriminatory, but it and the decision on whether to report a positive result are also permeated with racial bias, with healthcare professionals are more likely to administer drug tests on pregnant Black women and their babies.

The practice is also opposed by health care providers who warn that it can deter people from seeking medical care during and after pregnancy. The American College of Obstetricians and Gynecologists specifically rejects drug testing in part of the legal consequences a positive test result can unleash.

Poppy seeds can lead to positive test results for opiates. "Research shows that morphine and codeine can sometimes be detected in the urine up to 48 hours after ingestion of poppy seeds from some pastries, such as bagels, muffins, and cakes," says the US Anti-Doping Agency, the national organization for US Olympic sports.

But positive drug tests from poppy seed bagels would not be a problem if doctors and hospitals were not doing such testing on patients without their knowledge or consent and with no good medical reason. Perhaps having to pay damages for the harm they inflicted on these two women will cause those hospitals to think twice. 

A Montana bill would turn back the clock on legal marijuana sales, a House bill to increase fentanyl penalties but also ease scientific research on Schedule I substances wins a House committee vote, and more.

"Whippets"--used nitrous oxide containers. Laughing gas could soon be banned in Britain. (CC)

Federal Marijuana Trafficking Prosecutions Continue to Decline. The US Sentencing Commission reports that federal marijuana trafficking cases continued a long-term decline in 2022. There were about 5,000 federal marijuana cases in 2013, but only 806 last year. The most prosecuted drug was meth, with nearly 10,000 cases. Powder cocaine saw just under 4,000 cases, while fentanyl accounted for around 3,000. There were fewer than 2,000 prosecutions for crack cocaine and for heroin.

Montana Bill Would Dismantle State's Legal Marijuana Industry. A Republican state senator, Keith Regier, has filed a bill that would effectively dismantle the state's legal marijuana industry. The measure, Senate Bill 546, primarily focuses on "eliminating adult-use dispensaries," but also reduces the number of plants adults can grow from two mature plants to one. It also takes aim at the state's medical marijuana program by doubling the state tax on it, and limiting medical marijuana potency and the amount patients could possess. The bill, which has no cosponsors, will get a hearing in the Senate Business, Labor and Economic Affairs Committee on Wednesday.

Drug Policy

House Bill to Increase Fentanyl Penalties, Streamline Marijuana and Psychedelics Research Wins Committee Approval. The House Energy and Commerce Committee last Thursday approved HR 467, the Halt All Lethal Trafficking of Fentanyl Act or HALT Fentanyl Act. The bill places fentanyl-related substances as a class into Schedule I of the Controlled Substances Act. The bill also establishes a new, alternative registration process for Schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. Drug reform advocates generally oppose the bill because it ramps up mandatory minimums for fentanyl offenses even as they would welcome the language easing drug research barriers.

International

British Government Plan to Criminalize Laughing Gas Draws Criticism. Tory Prime Minister Rishi Sunak on Monday unveiled a plan to tackle "anti-social behavior" that includes criminalizing the possession of nitrous oxide (laughing gas) as a Class C drug. In doing so, he rejected the recommendation of the Advisory Council on the Misuse of Drugs, which recently said it should not be banned. It also drew criticism from the scientific non-profit Drug Science, which said a ban is "is completely disproportionate" and "would likely deliver more harm than good." But Home Secretary Suella Braverman told Parliament there was still "emerging evidence that [nitrous oxide] does cause serious harm to health and wellbeing" and that the measure "put an end to hordes of youths loitering in and littering parks with empty canisters." Labor, for its part, criticized the government crackdown as "too little, too late," but said it supported the nitrous oxide ban. 

A bill banning minors from buying Delta-8 THC products is signed into law in Kentucky, a bill banning medical marijuana use by pregant or breast-feeding women is signed into law in South Dakota, and more.

Zaza, a product containing the opiate-like drug tianeptine, is now banned in Kentucky. (Creative Commons)

Kentucky Governor Signs Bill Barring Minors from Buying Delta-8 THC Products. Gov. Andy Beshear (D) on Thursday signed into law a bill making it illegal for people under 21 to buy products containing delta-8 THC, a naturally occurring compound typically extracted from hemp-derived CBD that has mild psychoactive effects compared to delta-9 THC and is known colloquially as "marijuana lite." House Bill 544 passed the legislature unanimously directs the Cabinet for Health and Family Services to "immediately begin the process of regulating delta-8 tetrahydrocannabinol and any other hemp-derived substances." It also prohibits "the sale, gift, or sother transfer of possession" of the products to people under 21 years old, and bars anyone under that age from possessing them.

Medical Marijuana

Oklahoma Senate Passes Pack of Medical Marijuana Bills. The Senate on Thursday approved multiple bills aimed at tightening regulations on the state's medical marijuana industry. Senate Bill 264 allows regulators to use ‘secret shoppers’ to discover businesses not following medical marijuana rules and laws. Senate Bill 437 directs the Oklahoma Health Care Authority (OHCA) to develop a registry of physicians following the agency’s original and continuing medical education requirements. All medical marijuana business employees will also need to complete the education requirements. Senate Bill 439  requires regulators to provide a list of qualifying medical conditions to receive a medical marijuana patient license. Physicians will need to hold in-person exams of all license applicants unless the patient is certified as home-bound. It also requires that the two recommending physicians able to prescribe medical marijuana for minors to not be located at the same physical address. Senate Bill 440 limits the THC potency of medical marijuana and related products sold in dispensaries to no more than 1,000 mg of delta-9 THC per package for edible products. Senate Bill 645 requires that any medical marijuana flower, trim, shake, kief, medical marijuana product, or other flower-based product not labeled as a concentrate, sold by licensed processors and commercial growers to licensed dispensaries be pre-packaged and weigh at least half of a gram and no more than three ounces. Flowers are allowed to be packaged in nonopaque materials. Senate Bill 813 allows the state to run a quality assurance lab to direct compliance testing of medical marijuana businesses. The bills now go to the House.

South Dakota Governor Signs Trio of Medical Marijuana Bills. Gov. Kristi Noem (R) on Thursday signed into law three bills dealing with medical marijuana: House Bill 1053 bars pregnant or breast-feeding women from being certified for medical marijuana. House Bill 1132 revises the duties of the Medical Marijuana Oversight Committee (MMOC), adding that the committee shall make recommendations regarding and medical and clinical aspects of the medical cannabis program. House Bill 1150 waives patient fees in some circumstances and requires practitioners to certify whether they have previously certified a patient for medical marijuana.

Drug Policy

Kentucky Governor Signs Emergency Order Making "Gas Station Heroin" a Controlled Substance. Gov. Andy Beshear (D) on Thursday issued an emergency order classifying products containing tianeptine, a previously unregulated drug colloquially known as "gas station heroin," as a Schedule I controlled substance under state law. The drug produces opioid-like effects and is sold in products such as ZaZa, Tianna, TD Red and Pegasus. "Today, Kentucky became a safer place," said Gov. Beshear. "Until now, someone looking for a heroin-like high could walk into certain places or buy this harmful product online. We’re committed to protecting Kentuckians from this kind of harm, and if someone is struggling with abuse, we’re here to help."

A Republican senator is calling on the banking industry to step up for a marijuana banking bill, the Oklahoma Senate moves to tighten up rules around medical marijuana grows, and more.

US Secretary of State Blinken agrees with Lindsay Graham that cartels control parts of Mexico. (state.gov)

GOP Marijuana Banking Bill Sponsors Calls on Bankers to "Unleash An Army" of Lobbyists to Get It Passed. Sen. Steve Daines (R-MT), the lead Republican sponsor of the Secure and Fair Enforcement (SAFE) Banking Act, used a speech at the American Bankers Association Washington Summit Tuesday to call on the industry to "unleash an army" of lobbyists to push the bill through Congress. He said there "a chance" the bill could pass by going through the committee process. "This bill has been out there a long time," he said. "I think with each passing year, there’s a greater number of people who understand that the problem—forcing businesses to operate in all cash—is only getting worse. We need to be very clear: this is a public safety bill, and the longer we go without addressing this issue, the worse the situation on the ground becomes." He told the bankers he is "very thankful" for their support, adding that "we could unleash an army of you all in this room on Capitol Hill" to advocate for the passage of the cannabis banking bill.

Medical Marijuana

Oklahoma Senate Approves Bill Targeting Illegal Medical Marijuana Grows. The Senate on Tuesday voted 41-1 to approve Senate Bill 806, which seeks to crack down on illicit marijuana grows by limiting how many marijuana business licenses could use the same address for their applications. "Those who regulate our medical marijuana industry are running into problems when they raid a facility only to learn that there are numerous licensees who utilize that one address and all have product stored there," the bill’s author, Sen. Brent Howard, (R-Altus) said. "This makes it nearly impossible for law enforcement to know what product is actually illegal and to properly investigate the case. This measure would limit the number of licenses that can be listed under one address to help improve regulation and shut down illegal business activity." The bill was requested by Oklahoma Medical Marijuana Authority (OMMA), the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) and the Attorney General’s Office. The bill now heads to the House.

Foreign Policy

Blinken Says Cartels Control Parts of Mexico. Secretary of State Antony Blinken said appeared before the Senate Foreign Relations Committee Wednesday and was asked by ranking member Sen. Lindsay Graham (R-SC) whether there are places in Mexico the government does not control, and he answered in the affirmative. "I think that's fair to say, yes," he replied. He also agreed with Graham "that fentanyl coming from Mexico is killing Americans by the tens of thousands." Graham also asked if the cartels should be declared foreign terrorist organizations. A House bill to do that has been filed, while a Senate bill has been threatened. "Yes we’d certainly consider that," Blinken replied. The exchange came after Mexican President Andres Manuel Lopez Obrador largely blamed the United States for its drug problems and denied that Mexico was a source of fentanyl.

International

. Two Mexican soldiers and five gunmen from La Familia Michoacana were killed when a military unit was ambushed in the state of Guerrero last Friday. The military unit "was the target of an attack by approximately 18 armed civilians aboard two vehicles," the Mexican military said. The attack came in the mountain town of El Pescado, which has seen frequent clashes between cartel members and the authorities. La Familia Michoacana, once powerful, had been decimated by the arrest or killing of its leaders, but has been trying to stage a comeback. It is currently locked in combat with the Los Tequileros gang for control of the area.