i need legal advise on drug screening

I have a question...if the only possible way a sample can come back positive for marijuana is if the person had it in their system, how could someone like me test positive? I should explain that I have never, in my entire life, EVER taken a single drug. Not one! I have NEVER been around anyone smoking so no chance of 2nd hand either yet I tested positive a few months ago.

Then, there is a guy that I met on a message board that literally lives across the country from me. After we talked back and forth for some time he mentioned the name of the processing lab that handled his test. Turns out it was the same as mine. When we were done comparing all the facts it turns out that the labs (both, the sample A lab and sample B lab) were the same for both of us. Same scientist, same MRO handled our tests 1 month apart from eachother. We did not work for the same company, we live across the country from eachother and never knew the other existed until a month ago.

Our histories are pretty remarkably the same. Neither has taken drugs, we both immediately went for retesting using the federal test (mine was even directly observed) that came back negative. I even went for a hair test that was of course negative. Both of us have random tests 3-4 times a year and never before was any trace found. My last random was just 2 months before the test that was supposedly positive. Here is the kicker, supposedly, my level was so high I would have had to be a chronic user and smoked something like 8 marijuana cigarettes within a couple hours of the test. The test was at 8 am. If I had smoked that much how come I was allowed to walk out of the collection center, jump in my truck and drive away that morning? I would think that someone in that condition would have some very visible signs of use, or would at least smell like the stuff.

I offered and will still submit to any known test to prove my innocence. Someone told me that there is a spinal tap test that can trace use back to birth. If that is true and the DOT would accept the results, I would go today and pay for it myself. I am 1000% certain that it would be a good investment because I have never done a single drug, whether the world wants to believe or not. It also couldn't be anymore expensive than the SAP program that I had to pay for. That was a terrible shame. I felt like I was mocking those people in there, just by my mere presence. The people in that treatment center had real problems and I felt everyday like I was violating their privacy. Thank God I only had the attend the minimum 8 hours but that still translated to 8 horrifying days.

On top of it all, I still can't find a job driving. No one wants to deal with a potential drug user. I can't say I really blame them. Drug users shouldn't be behind the wheel. I ABSOLUTELY agree with that, but I am NOT a drug user. I am a very safe driver. I never had an incident. I always got plenty of sleep, and took rests when needed. I never ate while driving or talked on a cell phone or even the CB. I obeyed all the rules and loved driving that truck. I am a good driver that is living with the consequences of someone elses mistake. The most terrifying thing for me is thinking that this positive belongs to someone else, someone that may still be on the road.

I believe that the same is true for the other guy that I mentioned, that also tested positive without using drugs. I have never met the guy but when I heard his story it was like hearing my own. I believe him even if no one else will.

God Bless.

 

Is it possible that you were taking prescription meds or some over the counter meds at that time?

Some meds can test positive for certian substances.

 

I was very ill the week before the test and was taking a lot of over the counter stuff but I reported everything and was told that none of it would cause a positive. I kept all the bottles and asked that they be tested, even went as far as contacting the FDA but no one wants to look at it because if it turns out something over the counter did in fact cause the positive, it will make it a lot easier for real drug users to get away with it. I understand that because I do not want true drug users driving any vehicle, especially a truck, but it shouldn't be that truly innocent people have no way of defending themselves. There needs to be some other test that we can submit to or, better yet, we should get the results before we ever drive away. Then, we could demand further testing right there to clear our name. The way it is now, after a single test comes back positive you can have a billion others come back negative and it doesn't matter. Even a hair test that has the potential of going back 5 years or longer, and at minimum 3 months, carries no weight. They pulled my hair from my underarm, because that hair had never been cut. They said it would go back years because of the location. My last negative random was only 2 months before the positive. My hair was completely negative for any drugs, not even a trace amount was found. That should prove something but it doesn't matter to anyone.

At any rate, I am going to list the over the counters that I was taking for anyone that is interested:
Wal-Mart Equate Brand Nyquil (only at bedtime, while off duty)
Wal-Mart Equate Brand Dayquil
Walgreens Brand Tylenol
Wal-Mart Equate Brand Excedrin
TwinLabs Ripped Fuel 5X
Wal-Mart Equate Brand Tussin CF
Cepacol Sore Throat Spray

The Nyquil, Dayquil, Tylenol, Tussin CF and Cepacol were taken between July 2-8, 2008, to treat a severe cold and congestion. The Excedrin is something that I take as needed for a headache, usually a couple times a week. The Ripped Fuel I began taking as a diet aid a few weeks prior. Before the Ripped Fuel I was taking another diet aid I think called Stacker2 and Hoodia but I stopped those when I started the Ripped Fuel.

God Bless!

 

I have been requested to respond to comkings' statements here by another person on this network.

First of all, I am not a physician (my Dad was the doctor in the family), nor a pharmacist (I'm just a dumb old ex Navy airplane driver many years ago), so I cannot speak to the validity of the test, and I will not comment on what these over-the-counter drugs are unless I know specifically. As a retired federal DOT officer, I can state that we were assured by medical professionals the testing procedure was 99.799% correct. This does leave room for error, but almost excluded the possibility. To further reduce the possibility of a false positive, the government required that a different lab perform the split specimen test as demanded by the driver. The person demanding the split test may, or at least it is a correct statement before I retired, demand which different lab performs the split test.

When I say ingested, it does not mean inhaling the substance (smoking). Ingestion can also transpire with food. There are several instances of MJ unknowingly being an ingredient of food products i.e cookies etc. which would definitely show positive. There have actually been instances of drivers' wives placing the MJ if goodies to take with them while driving OTR so that the driver wouldn't be gone from home so much.

As far as being tested by other means; when federal drug testing became mandatory, the initial rule allowed for blood, breath, or urine as in most state rules. There was an immediate appeal through the federal courts by groups that believe this violated their rights as some religious groups stated it was an invasion of their privacy. It went to the Supreme Court. The court affirmed the lower court decision in favor of the plaintiff. Therefore, the test must be non-invasive of the human anatomy. In Re. hair testing, it is an un-exact science because it cannot detect when the THC was ingested. The NIDA (National Institute of Drug Abuse) 5-panel test that is used for testing can only go back 30 to 45-days in Re. THC. While the statement by COMKING is somewhat correct in that hair can go back years, it cannot be specific as to when the THC was ingested. This is why the federal government mandated the 5-panel as opposed top the 10-panel test which can show I am told positives for an extended period of time. Hair, I am told, cannot be tested by a 5-panel, nor a 10-panel test test. You'd have to ask a lab scientist why, and I am not one.

While not a druggist, It appears as though most of the over-the-counter materails are the same as Tylenol (acetemenefin) although I am not aware of a few of those stated.

In Re. the 8-hour SAP course: I cannot comment because I don't have, nor am I legally able to see the SAP recommendation ver batum, nor do I wish to see it. It may be that the recommendation was misinterpreted by the driver, or the people providing the mandated training.

If what is stated is entirely true, and assuming both parties as stated are telling the absolute truth, I find it remarkable that 2-different labs found positive in this manner. There are a number of reasons for this. For time sake I will not go into them. Let us just say that as a retired federal cop, and essentially that's what we were/are; well cops are eternal pessimists. By and large though, I cannot find fault with the system though. Over time, the system has proved itself. Eventually, everyone contacted in studies contracted by the USDOT for all modes of transportation has admitted the positive was actually correct. Sometimes it took years though for the individual to admit the fact.

 

BEST REPLY OF ALL.

 

Seems to me same lab, could be human error.
It has happened befor. even hospital's have been know to mess things up.
how many numbers aday come in for testing, easy to misplace or mix up a tube or two.
I belive this leaves a few questions as to proof. And should not be held agaisnt you.
Guilty without the chance of proven innocent. That's wrong.

 

when a person gives a sample they have to be there when the tubes are stickered and the person getting tested signs the sticker label.

Is it possible that they got mixed up most likely not I am pretty sure that they have to test each one by themselves to assure that they do not have a mixup.

 

The system is only as good as the people running it. I've seen some sloppy testing done where they broke the chain of custody before it even left the collection site. I've be dealing with these test for over 30 years now since I was in the service. I do believe they are getting better but if the driver does not know what is required of the people doing the testing there can be problems. Plus if there is a mistake the driver is already labeled and has to fight an uphill battle. I have seen the Commanding Officer of an Aircraft Carrier come back positive along with a whole bunch of others. If the CO wasn't listed there I know all those others would have been hung out to dry.

I do remember all the trouble the courts had getting the testing done right. However, I do not believe it was for invasion of their privacy. I could be wrong but IIRC it was because you can not be forced to self-incriminate yourself. Either way they got it worked out and the testing is much better now than before.

If it were me and I came back positive I would go right then to another testing site and pay for another test. I know this will not change the way the company must respond but it may get some guilt off. If you want to drive then you'll have to go through all the return to work procedures as stated in FMCSR's §40 Subpart O.

 

From the area of transportation, more specifically trucking, the complaint was filed in the Northern District of CA (San Fran). It was claimed by certain groups i.e. 7th day Adventist, that due to their religious beliefs, they should not be required to provide blood samples. I was stationed on TDY/TAD to the home office in D.C. when the complaint was received. There was a big hub bub about it because the congresscritters made the law & our rule was attempting to comply with the law. The complainants actually suggested in the complaint that there should not be allowed a test that was invasive of the anatomy. The courts simplistacly took them at their word and then required the non-invasive test for breath and urine based on their indirect suggestion.

 

I am not sure if they were supposed to give me the choice of where to send the 2nd sample or not, but I can tell you that they didn't. They told me where they were sending it and I had no say in it. The same was true for the other driver I spoke about. I am not a conspiracy theorist or anything but it does look to me that something fishy is going on. As I mentioned before, the same labs, scientist and MRO handled our cases. Once the other driver receives all his hard copy documentation I am going to contact the Federal DOT and the SAMHSA to report the incident and request an investigation.

As for the thought about drugs being in my food, that is HIGHLY unlikely. It would have had to of been in a packaged or processed food I ate. Like I said, I had been sick so I wasn't eating out much. I was driving local and home every night eating my wife's cooking. My wife is an awesome Christian woman that would rather die than cause me any harm. Besides the fact that we are both anti drug, and that includes cigarettes, alcohol or otherwise.

The only possibility in my case is an absolute error in the testing process, unless you consider foul play by someone that handled the testing. I am told that the 2nd lab RARELY fails to confirm a possitive. There are theories on whether or not that is because the samples are truly possitive or because the labs protect each other. If the 2nd sample fails to confirm there are consequences for the original lab. Whatever the case, I know that there is no possibility a sample collected from me should have tested positive for anything other than the over the counter stuff I listed.

The information about the hair testing was interesting but seems to just further prove my case. My test was negative and was the 5 panel test. My research tells me that you are correct that a positive hair test is not accepted because they cannot tell if the drug was used yesterday or 5 years ago, but that should be a mute point in my case. Mine was negative, no trace of any drug yet they will not accept it.

I offered, and it still stands, that I will submit to a lie detector, spinal tap, bone marrow, liver sample, whatever. I asked them to talk to my doctor that I have had for over 16 years and ask him if he ever suspected drug use in all those years, review my chart, I don't care. I have nothing to hide. I asked them to review my entire financial history, money coming in and out. They can trace every penny and would find that I have no odd spending or withdrawals, or credit issues. I have never had any brush with the law or anything remotely like it. I understand that anyone reading this might be skeptical because you do not know me and don't have the access to my life that I offered the officials. Why though would the officials not accept these offers? If I were hiding anything they would certainly be able to trace it through one of those avenues but they will not give me, or anyone else in my situation the opportunity to prove innocence. That is absurd!

I know that you said that most people "admit" guilt eventually but I would never admit to something that I did not do. I would love the opportunity to prove my innocence and I am praying that I will have it someday. Until then, I rest in the fact that I know the truth, as does anyone that knows me. Most importantly, God knows the truth and I trust him to see me through.

Thank you to all those that have shown support and have at least considered the possibility that I am telling the truth. I realize that it is difficult to believe someone that you have never met and especially given the topic. For those of you that pray, I ask that you remember my family and I in your prayers. Please also do the same for the other driver. I know that you have not seen anything other than what I have said about the other driver but I do believe what he has told me. His family is also having to deal with this nightmare and needs prayer.

God has been good and I have found work (outside the trucking industry) that is helping to support my family until this is resolved. My heart is still in trucking and I will continue to look for a company to give me a chance. As I said, I completed the SAP so I am legal to pursue a driving job. The challenge now is finding that job. My wife and I have learned to complete many a sentence with "but God...." that last sentence is one we would complete with "but God deals in the impossible and I know in his time, the right job will come".

God Bless!