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Common drug tests lead to tens of thousands wrongful arrests a year

https://www.cnn.com/2026/04/05/us/colorado-field-drug-test-law
74•rawgabbit•4h ago

Comments

kennywinker•2h ago
> The tests are popular because they’re cheap, portable and can screen for drugs in mere minutes. It’s just not feasible to send all suspected drug samples to state laboratories, which would be far more expensive and could take days or weeks to return results.

Sounds like the govs problem, not the people accused of a crime. Limitations in testing do not justify using inaccurate tools. If it takes weeks, it takes weeks. Gov doesn’t get to ruin innocent lives just because it’s more convenient. At least, they shouldn’t… apparently they do

duskdozer•1h ago
You know, why not just make it a lot faster and more convenient and just go by the expert assessment of the officer on scene? No need for all the bloat.
fragmede•1h ago
I would dread the arrival of this officer/judge arriving on the scene.
drfloyd51•1h ago
I. AM. THE LAW.

Dreddful.

Jimmc414•1h ago
Is this satire?
Zigurd•1h ago
Because this is HN, and especially because it's HN's audience reading it, this is a perfectly cromulent question.
t-3•1h ago
Part of the problem is that public defence is extremely stressful and not particularly well paid, as well as being less prestigious than prosecution.

Few are going to give their all to defend someone who has already "failed" a drug test. Better to sort out a quick plea deal and focus on cases that will impress private sector clients later.

If you can get out of jail time with some deal that requires a fine and putting up with some annoyances, is it really worth fighting things out to prove your innocence and risk failing?

kennywinker•1m ago
Right, on an individual level that makes sense - but whoever saw the error rate for this test (or lied about it to sell it) and approved it for use by police deserves jail time themselves.

You’d think we’d have a mechanism to make that happen.

throwaway9980•1h ago
Ruining innocent people’s lives is what government is best at doing. Don’t think of as convenient. Think of it as realization of purpose.
swores•59m ago
Sorry but that's bullshit.

It's extremely rare for any part of government to have that as an intended purpose.

But it's extremely common, unfortunately, for people involved to be willing to accept that as a side effect in pursuing whatever their goals are - whether that's gaining funding for their police department, or raising political donations from the owners of a private prison, or keeping poor people away from their beautiful upper middle class neighbourhood, or environment-ruining chemical company, or... whatever.

20after4•37m ago
A system’s purpose is what it does, not what it claims to do.
anonymousiam•20m ago
It's not as rare as you might think.

Organizations such as OSF/OSI (Open Society Foundations, not Open Software Foundation) have successfully placed their preferred candidates in positions of power in many major US jurisdictions. If you research, you'll see many cases of OSF DAs prosecuting or not prosecuting based on their political ideology. Many prosecutions are politically motivated, but now we have foundations funding activist candidates who are all pushing the same agenda. The result is diminished trust in government, which the activists will exploit to eventually make things even worse, because "capitalism is not working."

Zigurd•16m ago
More specificity would help. Cops, cop culture, incompetent and purposely harmful training, and the appalling nature of our criminal "justice" system is what ruins lives. Some other parts of government might be just as bad, but in other ways for other reasons.
djoldman•1h ago
> For those who get arrested due to colorimetric testing, “over 90% of people are taking a plea deal because they can’t afford to remain in jail and wait six months for laboratory tests,” Walsh said.

This touches on a question to which I'd love to know the answer: what would happen if those charged with crimes could not waive their right to a speedy trial and plea deals were disallowed?

For the accused: those with low resources would go to trial with less time to mount a defense. Disallowing plea deals would remove the possibility of coercing lower-severity conviction pleas.

For the prosecutor: less time to mount a prosecution.

Benefits to courts and jails: much cleaner and more open dockets, jails cleared out much quicker.

Presumably this would lead to more rational charges - fewer charges and charges that were higher priority and easier to prove.

In the short term, prosecutors would have no choice but to drop a huge number of charges as they would be overwhelmed.

EDIT: here's an interesting data point where it looks like NYC passed a law that required prosecutors to have all evidence ready prior to the speedy trial date. It seems like it drove a lot of dismissals of low level stuff:

https://datacollaborativeforjustice.org/wp-content/uploads/2...

mikkupikku•1h ago
Cynical outcome: the system can't handle the case load and instead of scaling, it just refuses to adjudicate any dispute that doesn't involve a noble. Justice between commoners is effectively abandoned as a duty by the state, and left to vigilantism.
seany•1h ago
This seems implicitly preferable than the beauacratic death of the alternative.
saltwatercowboy•26m ago
Neither are acceptable, so a third way must be found
cogman10•18m ago
> it just refuses to adjudicate any dispute that doesn't involve a noble

Oh I got news for you, that already happened.

Anyone that's had their car broken into, bike stolen, or house burgled can tell you that cops won't do anything.

And if you look at serious crimes like homicide, you'll find a clearance rate of about 66%. And that's their self reported clearance rate. It's not successful prosecution. That's just the "we've looked into this enough and have decreed we think this person did it". It's a lot worse if you look at crimes like rape.

The crimes that police actually police are property crimes. Specifically for the nobles. Cops are pretty good at responding to stores being robbed or a crime against a wealthy and well connected person. Steal $1000 from a target and you'll get the book thrown at you. Steal a $1000 bike in front of the same target and cops will shrug and say there's nothing they can do about it.

tsss•8m ago
This is already happening in Germany.
wat10000•40m ago
Waiving rights is weird. It’s well understood that you can’t waive your right not to be a slave, for example. Why should you be able to waive any right? The 6th amendment doesn’t say “unless the accused doesn’t want it.”
cogman10•27m ago
Because it's presumably beneficial. It gives your lawyers extra time to prepare for the case or to potentially settle on more favorable terms.
wat10000•21m ago
Waiving your right not to be a slave could be beneficial too.
cogman10•16m ago
You can become someone's slave if you really want to. The only part that can't be enforced is you can't be coerced to stay.

Plenty of cults have slaves in the US. But because the are willing, nothing is done about it.

walletdrainer•7m ago
If you have a right to both a fair trial and a speedy trial, there should be no trial that does not provide both.
AlBugdy•1h ago
AFAIK some types of drug tests can't measure whether you're high on $drug now or if you're taken it before and you're sober now. If you're driving sober but you've taken $drug yesterday, you might be arrested for DWI.

If these tests can't reliably show you're high at the time the test was taken, don't use them.

For anything other than driving or operating heavy machinery and so on, there's no point in such tests at all. Let people take whatever drugs they want. Just do what we do with legal drugs like alcohol and cigarettes - regulate the quality, require an ID card for purchase and tax them.

This will obviously lower organized crime. If you make prostitution legal, you'll lower it even more. There will still be people trying to sell their shitty home made drugs cheaper than the regulated ones - like we have illegal cigarettes, but that's nothing compared to what we have now.

Make drugs less of a taboo. Educate people on harm reduction and make it easy to admit when you have a problem with something.

As a somewhat-educated person without medical education, I've taken almost everything under the sun and still function well within society. It's really possible to use drugs responsibly. If the image you have is a junkie with ragged clothes lying on some old mattress under a bridge sharing a dirty needle, you're only looking at the uneducated people with no safety net from society. Believe it or not, educated drug users are everywhere. We just don't often talk about it like we don't casually mention our fetishes to others in work or academia.

But drugs and sex are fun, maybe too fun, and we can't let the citizens enjoy themselves too much. :/

drfloyd51•1h ago
If you relate funding to arrests, more arrests will be made.

Perhaps shifting funding to relate to guilty verdicts could help?

At least then there is an objective 3rd party that has to agree with the charge.

Of course… the judges and the cops are paid by the same entity. And the judges and the cops know each other through their work.

watwut•1h ago
> Perhaps shifting funding to relate to guilty verdicts could help?

More quilty verdicts would be made. Regardless of guilt

Aurornis•58m ago
> AFAIK some types of drug tests can't measure whether you're high on $drug now or if you're taken it before and you're sober now. If you're driving sober but you've taken $drug yesterday, you might be arrested for DWI.

This is true for THC (marijuana) tests that look for metabolites of THC with long half-lives. It takes a very long time for the body to metabolize THC through the different steps and then eliminate those metabolites.

For many of the drugs named in the article their elimination is rapid. For some like fentanyl their concentrations are also low. If someone has an appreciable concentration of fentanyl detectable by a simple test they are very inebriated.

Zigurd•1h ago
The companies that make these tests need to be sued out of existence.
projektfu•1h ago
Fundamentally, the problem is that we have too many arrests. An officer arresting someone on the spot because of suspicion should only be done when they are assumed to be endangering people or likely to be victimizing more people. Someone carrying a small amount of drugs is not doing that if they are not visibly impaired.

If they want to take a sample into evidence and have it tested, it can wait a few weeks for real testing and then they can issue a bench warrant.

We really need to start asking for this to be the norm in the US.

swores•1h ago
I agree with your thinking in the context of "keeping drug policy broadly the same but improving policing of it".

But fuck current drug policy. If someone is high on cannabis, or MDMA, or even "harder" drugs like cocaine and heroin, as long as it's not causing them to be violent or to commit other crimes such as theft then why should that become a legal problem for them any more than if they were intoxicated from spending a few hours drinking beers? And with the odd exception like keeping existing "driving under the influence" laws, we don't need dedicated "violent because of drugs" or "theft because of drugs" legislation, those crime should be treated the same regardless of whether drugs were involved or not.

The current "war on drugs" has been a failure at preventing people from buying and using recreational drugs, and it's been a failure at protecting society and members of society from themselves and from others, because evidence and experts all points towards better results coming from investing in being able to offer medical treatment services (rehab, therapy, etc) than policing and prison services.

I very much think there will come a time in the future, if we haven't accidentally killed our species by then, that we look back on this time the same way as most of us currently look at historic types of slavery, or stoning homosexuals to death, as both idiotic and incredible immoral. I hope we reach that point in the coming years/decades, rather than needing centuries.

(To be clear, I wrote "historic slavery" not to imply there are some forms of modern slavery that I think are OK; but because sadly there is still modern slavery ongoing all around the world, so we can't say that it's a universally condemned thing of the past. Hopefully one day it will be, too.)

__MatrixMan__•1h ago
They're also pretty awful if you try to use them for safety purposes. Like... how blue can purple be before it's not purple anymore, idk. Last year it was very purple, but now the test is a year older, or is the product non-uniform and that's why it's different...

Basically, if you inject enough suspicion into any situation, colorimetric tests will eventually lead you to believe that you're in trouble. And then later if you bring the sample to somebody with access to real equipment it often turns out there was no trouble besides the sort you were looking for in the first place.

I honestly think we could save a lot of lives by just putting a gas chromatography machine in the library next to the 3d printers and training people to use it.

Aurornis•1h ago
All of the simple drug tests are intended for use as screening tools, with positive results sent to labs for verification.

> Even colorimetric test makers say their products only screen for the possibility of illegal drugs – and should not be considered tools for verification.

> “NOTE: ALL TEST RESULTS MUST BE CONFIRMED BY AN APPROVED ANALYTICAL LABORATORY!” reads one warning for a pack of colorimetric tests.

They should have known this and followed proper procedure.

Also keep this in mind for your employment drug screening. This will typically use more advanced tests for the first pass, but if someone comes up positive then they should automatically send it to the more advanced and accurate screening step. The good testing companies do this automatically but I’ve heard stories where some cheap testing companies did not do this and falsely accused employees didn’t know to request the accurate screening step.

AtlasBarfed•52m ago
Drug war is a war on our democracy.

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