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Drug Testing:

Shaky Science May Nullify Good Intentions

By David B. Kopel
Research Director, the Independence Institute

Executive Summary

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If we value the rights of the innocent, we should question a technology that is wrong about up to half the people it "catches" -- even up to 91% of them according to AMA research.
Many drug testing labs are shoddy; government regulates them less strictly than restaurant kitchens.
False positives can arise from many patent medicines, bakers’ poppy seeds, even natural body enzymes.
Re--testing for confirmation is also technically imperfect, and eventual exculpation will often fail to lift the shadow of doubt created about a person who scored false positive.
Congress has decided that lie detectors foster injustice rather than justice; the same appears true of drug testing at the current state of the art.
Some testing remains necessary, but strict guidelines for quality assurance should be observed; the author suggests nine such rules.
Introduction

Many people strongly believe that the war on drugs is as important as the Second World War. This issue paper agrees. The reasoning herein makes no case for drug legalization, or even decriminalization.

There are a myriad of weapons useable in war on drugs -- but there is one weapon that is inappropriate, because it harms more innocent victims than real criminals. This is the confident reliance on urine tests implicit in several bills now before the Colorado legislature --including House Bill 1253 which would legitimate and encourage testing by businesses, House Bill 1170, which would impose extensive new testing requirements. and Senate Bill 26, which links testing with worker’s compensation.

The current state of science for drug testing is too primitive for use in a society that respects the rights of innocent people. Until technology improves, drug tests will injure the innocent more than they will identify the guilty.

Simply put, false positives are the result of the imprecision of current testing methods, and the shoddy quality of many testing laboratories. Follow--up confirmation tests have their own limits, and cannot solve the problem

"The Drug Screen Manual" is another highly recommended book.

http://www.amazon.com/exec/obidos/ASIN/0873649826/davekopel-20/

Dave Kopel is the Research Director at the Independence Institute. Here is another excerpt from his article.

False positives

Laboratory slip-ups are to blame for many of the mistaken test results. But even perfect labs running perfect tests will also find many false positives.

False positives are caused by:

*Nasal decongestants such as Dristan, Neosynephren, Vicks Nasal Spray, and Sudafed, which cause false positives for amphetamines.

*Poppy seeds like those on a dinner roll, which cause false positives for opiates. Even the highest-quality test currently available, the GCMS test, still confuses poppy seeds with heroin.

*Pain relievers such as Advil, Nuprin, Midol, Trendar, or any medicine containing Ibuprofin cause false positives for marijuana.

*Antibiotics such as amoxicillin or ampicillin cause false positives for cocaine.

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The above list is only a beginning. Most substances which people have in their blood have never been tested to see if they cause false positives. Indeed, even some natural body enzymes cause false positives. According to research validated by the Congressional Office of Technology Assessment, melanin, the natural pigment which makes skin dark, can cause false positives for marijuana