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Fact Sheet: Drug Testing in the Criminal Justice System

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Fact Sheet: Drug Testing in the Criminal Justice System DOJ/OJP logo, Adobe Illustrator, 11/89 T O EN F J TM U R ST A I U.S. Department of Justice P C E E D B O J C S F A V M F O Office of Justice Programs A I N C I J S R E BJ G O OJJ DP O F PR Bureau of Justice Statistics JUSTICE Drugs & Crime Data March 1992 Fact Sheet: Drug Testing in the Criminal Justice System As part of ongoing research the Drugs & tion hearings. Drug tests in prisons can that a positive immunoassay be retested Crime Data Center & Clearinghouse pre- also assist in monitoring drug use in cor- and confirmed, preferably by a different pared this fact sheet on drug testing in rectional facilities and by inmates during technique of equal or greater sensitivity, the criminal justice system. “Drug test- temporary absences from the institution. such as gas chromatography/mass ing” in this fact sheet refers to urinalysis, spectrometry.4 ● Identify persons in need of treatment. since that is the testing methodology Drug tests can identify drug users who Chromatography involves separating typically used throughout the criminal can be placed in treatment. Drug testing and identifying the components of a justice system. is also used to monitor persons undergo- specimen. GC/MS (gas chromatogra- ▲ ing drug treatment. phy/mass spectrometry) is considered to Who is tested? be “the most legally defensible” method ▲ Drug testing can take place in all stages Drug testing technology of urinalysis.5 GC/MS testing, however, of the criminal justice system: arrest, in is more expensive than immunoassay There are two primary methods of the pretrial phase, and during incarcera- testing (typically between $25 and $100 detecting drugs in the urine: immunoas- tion, probation, and parole. Testing does a test),6 more time consuming, and more says and chromatography. Immunoas- not, however, take place in all stages in complex (needs to be done by a labora- says are the most common method for all jurisdictions. tory). Other chromatography methods in- initial screening in the criminal justice clude TLC (thin-layer chromatography), ▲ system, using antibodies to detect the GLC (gas-liquid chromatography), What is the purpose of presence or absence of drugs in the and HPLC (high-performance drug testing? urine. The specimen is compared to a liquid chromatography). Drug testing in the criminal justice sys- calibrator, which contains a known tem can serve several purposes: quantity of the drug being tested. If the Drug testing methods other than urinaly- sample specimen is higher than or equal sis include blood, hair, and saliva analy- ● Inform judges for bail-setting and to the calibrator, then the test is consid- sis, but are not used extensively in the sentencing. For example, a positive drug ered positive. If the specimen is lower criminal justice system at this time either test at the time of arrest may result in a than the calibrator, then the test is con- because of high costs, because the tech- pretrial release condition that incorpo- sidered negative. nology is not yet fully developed, and/or rates periodic drug testing. A subse- are more intrusive. quent failed drug test could result in An immunoassay commonly used in the revocation of bail or other more stringent criminal justice system is EMIT (en- ▲ release conditions. zyme multiplied immunoassay tech- What can positive test nique) manufactured by Syva Company. results indicate? ● Indicate whether specified rules or EMIT can be conducted in-house and A positive drug test can show the pres- conditions are being complied with. If a costs under $5 for each drug tested.3 ence or absence of specific drugs in urine defendant is being monitored while on Other methods used include Abuscreen at the detectable level of the test. How- pretrial release, probation, parole, work RIA (radio immunoassay) by Roche Di- ever, it cannot determine the dosage, release, or furlough, a drug test can help agnostics and TDx FPIA (fluorescence when the drug was administered, how ensure that he or she is remaining drug- polarization immunoassay) by Abbott it was administered, or the degree free. The results may be used in revoca- Laboratories. Toxicologists recommend of impairment. A product of the Drugs & Crime Data Center & Clearinghouse 1–800–666–3332 A negative result does not guarantee that Notes Other sources the individual did not consume the drugs 1The White House, National drug con- American Medical Association, Council being tested for. The level of the drug trol strategy, February 1991, p. 34. on Scientific Affairs. 1987. “Scientific may not have been high enough to ex- issues in drug testing.” Journal of the ceed the test’s cutoff level. 2The White House, National drug con- American Medical Association trol strategy, February 1992, p. 127. Most drugs can be detected in urine for 257(22):3110–3114. up to 3 days after being taken; some up 3Eric Wish, “Drug testing,” Crime file, Wish, Eric. 1990. “Drug testing.” to 2 weeks (see table). 1990, National Institute of Justice, p. 2. Crime file. Washington, D.C.: U.S. De- It is possible for a legal substance to in- 4Richard L. Hawks, “Analytical method- partment of Justice, National Institute of teract with a substance in a urine speci- ology,” in Urine testing for drugs of Justice. men resulting in a “false positive,” a abuse, National Institute on Drug Abuse Wish, Eric D. and Bernard A. Gropper. positive drug test even though an illicit Research Monograph 73, 1986, p. 38. 1990. “Drug testing by the criminal jus- drug was not in fact used. Such reac- 5Michael Peat, “Analytical and technical tice system: Methods, research, and ap- tions have reportedly, although infre- aspects of testing for drug abuse: plications.” In Crime and justice, Vol. quently, occurred from antihistamines, Confirmatory procedures,” Clinical 13, ed. James Q. Wilson and Michael ibuprofen, and other anti-inflammatory Chemistry, 34(3), p. 471. Tonry, 321–390. Chicago, Ill.: Univer- drugs, and poppyseeds. Proper confir- sity of Chicago. mation procedures should guard against 6Bureau of Justice Assistance, U.S. De- false positive results. partment of Justice, Estimating the costs of drug testing for a pretrial services program, Monograph, June 1989, p. 9. Duration of detectability of drugs in urine This fact sheet was written by Anita Drug Retention time during which detectable Timrots, Senior Research Analyst at the Drugs & Crime Data Center Amphetamines and methamphetamines 48 hrs. & Clearinghouse. The Bureau of Barbiturates short-acting (e.g., secobarbital), 24 hrs. Justice Statistics manages this data long-acting (e.g., phenobarbital), 7 or more days center and clearinghouse, with partial funding by the Bureau of Benzodiazepines 3 days if therapeutic dose ingested Justice Assistance, to support drug Cocaine metabolites 2–3 days control policy research. For addi- tional sources on drug testing, see Methadone approximately 3 days Drug Testing: Selected Bibliogra- Opiates 2 days phy and Drug Testing in the Work- Propoxyphene (Darvon) 6–48 hrs. place: Selected Bibliography, which are available from the Drugs Cannabinoids single use, 3 days & Crime Data Center & Clearing- moderate smoker (4 times/week), 5 days house. For further information heavy smoker (daily), 10 days concerning the content of this fact chronic smoker, 21–27 days sheet or other drugs and crime Methaqualone 7 or more days issues, call Phencyclidine (PCP) approximately 8 days 1–800–666–3332 Note: Retention times may vary depending on variables including drug metabolism and half-life, or write the Drugs & Crime Data patient’s physical condition, fluid intake, and method and frequency of ingestion. Center & Clearinghouse, 1600 Source: Journal of the American Medical Association, 1987, “Scientific issues in drug testing,” Research Boulevard, Rockville, 257(22), p. 3112. MD 20850. 2.
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