Field tests providing false positives, even air reacts with the reagents

By chillinwill · Mar 9, 2009 · ·
  1. chillinwill
    The National Press Club in Washington, DC took on the aspect of a chemistry lab for a short while Tuesday afternoon as scientists and researchers sponsored by the Marijuana Policy Project gave a startling demonstration of false positive drug test results obtained using some of the most widely used field testing kits employed by law enforcement to detect the presence of marijuana and other drugs.
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    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's just outrageous," exclaimed Eidinger.

    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."

    Both Kelly and MPP executive director Rob Kampia used the report's findings to call for a moratorium on the use of field drug testing kits. "It is imperative that law enforcement agencies take notice and voluntarily end the use of these flawed drug tests. The essential need of protecting the innocent must outweigh the convenience of a field drug test that only gives accurate information some of the time," wrote Kelly.
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    "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.

    False positive field drug tests can ruin your day. Ask Don Bolles, drummer for the punk band The Germs. He was arrested and jailed for three days in April 2007 because a field test said the Dr. Bronner's Magic Soap he had with him tested positive for GHB. That field test was done with the NarcoPouch 928, another in the ODV line. Later testing revealed the 928 would generate false positives with a wide variety of natural soaps, as well as soy milk.

    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.

    Another widely publicized incident of bad field drug tests occurred in August, when Ron Obadia and Nadine Artemis were arrested, handcuffed to a chair, and interrogated for hours at the Toronto Airport after their raw chocolate tested positive for hashish with the Duquenois-Levine color chemical test. They were placed in separate rooms and were told that they faced "life in prison" unless they confessed. Each of them was also told that the other already had confessed.

    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.

    from Drug War Chronicle
    Issue #575

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  1. funkateer
    Truthfully a scary thought. It makes you wonder if it was supposed to be that way. More arrests=more capita in the cities pocket...
  2. Potter
    Pretty messed up. Anyone have any info on how pill testing kits used by DanceSafe and the like hold up to scrutiny?

    The chocolate doesn't surprise me now that it's mentioned, it contains anadamide, the endogenous cannaboid. As a massive consumer of chocolate and cacao, who will often take a stash when traveling, this is hella important info. As such I did add some extra tags so it will come up in a search.
  3. Frond
    Hey, this is good news - more false-positives, more arrests, and more money earned for everyone!* They should suppress this report, and introduce a new bill to increase funding to purchase more of these field testing kits and make sure that every officer and every security checkpoint (of which there should be more) is equipped with them.

    After all, think of the statistics! 30 out of 31 Americans are still not in the justice system, and are not in jail, not on probation, and not on parole.

    We still have a long, long way to go people.

    *Everyone in the drug enforcement industry.
  4. Greenport
    This is actually good news in general - it might actually lead to the production of better reagents for testing, that will cause less false-positives.

    That's the last thing one needs is to get caught with some legal powder, and a field test shows that it is crack or mdma or fentanyl or some shit like that.

    If swiY ever has in his/her possession any powders either manufactured at home or that are outside of their original container, make sure that the containers in which they are in are labeled as to their actual contents (assuming the compound isn't illegal in the first place :p) so that these kinds of mis-identifications won't hold up in court. In fact, swiM once heard that having in one's possession unlabelled powders can be prosecuted due to the ability to potentially pass it off as drugs. So labelling swiY's powders is very important.
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