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Couple Sues After Baby Taken Following Poppy Seed Positive Drug Test

http://www.thepittsburghchannel.com/new ... etail.html

The American Civil Liberties Union has filed a lawsuit on behalf of the parents whose newborn daughter was taken away after the mother failed a hospital drug test because she had eaten a bagel.
"I was devastated. I just cried, and cried, and cried. I didn't want to let her go. I didn't. I was heartbroken.
I wanted to place this under the "I'm Gonna Beat You Down Thread."

I'm not sure why this struck such a cord with me. The baby was 3 days old and they took her away from the mother for 5 days without any investigation. It looks like this is a mixed couple. I really hope that had nothing to do with the decision to take that baby in any way.
 

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I've always heard rumors that poppy seeds could easily "confuse" a drug test, never really seen anything documented on it though. Interesting, and not cool.
 

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My father was working with a really nice middle eastern guy who love his wife's poppy seed muffins. When the time came around for a drug test he did fail it. After explaining the poppy seed thing, they did additional testing, and could see that it was in fact, not an illegal opiate that he had taken.

I think they can fail the initial less advanced screening, but they can tell with more advanced tests that it is poppy seed.
 

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martin_j001 said:
I've always heard rumors that poppy seeds could easily "confuse" a drug test, never really seen anything documented on it though. Interesting, and not cool.
There are 2 parts to a drug test. There is an initial test thats more of just a screening. If anything comes back positive, they have to go back and do a gas chromatagraphy on the sample validate it. Poppy seeds can cause a false positive on the first immunoassy test, but not on the confirming gas chromatography.

arold Crossley, a nationally known chemical dependency expert, said you would have to eat 100 poppy seed bagels to score a positive on a drug test. When taken into account that very few poppy seeds are sprinkled on bagels, you can see that poppy seeds from a hundred poppy seed bagels will easily fill a single large pastry. Purim cookies, a Jewish food known as Hamantashen, may have five to six tablespoons of poppy seeds. A couple Purim cookies may cause a positive test. Poppy seeds can be distinguished from illicit drugs on the GC/MS test. Although poppy seeds have the same metabolites as opium, these metabolites are shown to have different patterns when viewed with the GC/MS.

http://www.erowid.org/psychoactives/tes ... _faq.shtml
 

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phantoms said:
What i want to know is why is a hospital drug testing it's patients without cause?
That is a very good question. Why the test to begin with? Standard procedure? Release signed with the rest of the stack of forms? State law?

Comment on the drug testing: Always tell the sample taker everything, such as poppy seeds, that you have taken (eaten) lately. I make sure all meds (even all over the counter and vitamins) are listed. It saves getting suspended or fired for no cause.
 

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When a person on probation is given a drug test, it is usually a field test that is not extremely accurate, and the people who administer the test are not always well-trained in how to do the test. They just read the instructions on the box and try to follow the manufacturer's directions.
This procedure will not stand up in court. The Daubert standards for the admission of scientific expert testimony won't be satisfied by this kind of field test.
But most of the time, when the probationer gets a "positive" drug test, he or she is questioned. The questioning often results in a flat-out admission of recent drug use.
If the probationer does not confess, then another specimin of blood (or urine, hair, whatever) is sent to an official lab for testing with expensive high-tech instruments. When the scientist who ran (or supervised) those tests comes to court at a probation revocation hearing, it will be admissible. (Either under Daubert's standards for civil trials or the Harper standard for criminal cases in Georgia).

That's how it should be done for parents of a young child who get a positive test for drugs. First ask them about it. Then do a foll0w-up test that is much more accurate. And THEN assess whether the kid is at risk and needs to be removed from the home even if its true that his parents are drug users. (some drug users are not addicts and they remain functional members of society).
 

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I would have resisted with all force at my disposal before I let anyone take my children.
 
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