Dr. Mercola November 29 2008 46,388 views
When Canadian citizens Nadine Artemis and Ron Obadia took a family vacation, it ended with them being led through Toronto's airport in handcuffs, locked up and separated from their baby.
Police told them they could be facing years in prison for exporting narcotics.
Two and a half pounds of material found in their carry-on bag had tested positive for hashish. But they didn't have drugs. They had chocolate. So far, the couple's legal bills have topped $20,000.
The couple was caught up in what civil libertarians say is a growing problem -- the use of unreliable field drug-test kits as the basis to arrest innocent people on illegal drug charges.
The kits, which are used by most every police department in the U.S., and by federal agents in Customs at the nation’s borders, use powerful acids that react with the substance in a plastic pouch. If the liquid turns a certain color, it is a considered a positive result.
A positive result generally leads to an arrest.
But a number of legal products and plants test positive:
With the growth of organic and natural foods and products, experts say arrests are likely to increase.
As organic products become more popular, the potential for civil rights violations using these inaccurate test kits at borders, and in police patrol cars, is enormous.
This is not the first time innocent people have been jailed and burdened with large legal fees over organic fare like chocolate, herbs, all natural soaps, and even deodorants.
Cornelius Salonis of Shakopee, Minn., spent two nerve racking months in jail after police stopped him for drunk driving. He admitted to the drunk-driving charge, but was “scared witless” over the drug charge that was slapped on top of it when a deodorant in his car tested positive for cocaine. Lab tests ultimately showed it did not contain the drug.
Punk rocker Don Bolles also spent three days in jail in Newport Beach, Calif., in April last year, after his Dr. Bronner"s soap tested positive for GHB during a police traffic stop. Again, further lab tests found no drugs in the soap and the charges were dropped.
According to government officials, there are no records on how many people have been wrongly arrested because of this field test, but it’s probably safe to assume it certainly can, and does happen with some frequency, as people tend to travel with their favorite products. These days, many have switched to organics.
As for Nadine Artemis and Ron Obadia, just two weeks shy of being cleared of their drug charges, the couple, who are founders of Living Libations, a company that makes organic and natural food and beauty products in Haliburton, Ontario, were charged with drug possession again. This time while crossing the border in Lewiston, N.Y., on their way to a natural health festival -- despite the fact that they were traveling with a lawyer, just in case!
Officers ran the drug test on the food and toiletries in their possession, and the chocolate again tested positive for drugs. Ditto for a bottle of tea tree oil (a natural antiseptic and antifungal). Mr. Obadia was subsequently arrested again, and is currently awaiting the lab results that will likely exonerate him a second time.
But is it really reasonable to subject our constitutional rights to a test that is so clearly limited, and will lead to an untold number of arrests simply for carrying an organic treat, or an organic personal care product?
According to Allen Miller of Forensic Source, maker of the NarcoPouch® 928 test kits, the tests are designed to find “families of chemical compounds,” and are not meant to be definitive. “Any arrest should be the result of good investigative police work,” he says.
But following up with a real, valid test, after receiving a fake positive in the field usually means spending time in jail, posting bail, and hiring an attorney – potentially in a foreign country, depending on whether you’re coming or leaving, and where you get “caught” with your organic stash.
According to retired FBI agent and forensics expert Dr. Frederick Whitehurst:
“There is no effort by the National Academies of Science to validate forensic science protocols, and there are no national standards for presumptive field drug tests. I believe our freedoms are being infringed upon because of fake science.”
“There is no effort by the National Academies of Science to validate forensic science protocols, and there are no national standards for presumptive field drug tests.
I believe our freedoms are being infringed upon because of fake science.”
NarcoPouch is a Great Natural Soap Test
As it turns out, any true natural soap product -- such as soaps by Dr. Bronner, Tom’s and Pangea -- will test positive with the NarcoPouch test, as demonstrated in this video on Dr. Bronner’s website. As will many all natural deodorants. Says David Bronner,
“Our testing shows that real soaps, which are made using the ecological time-honored process of saponification of vegetable oil, will always test positive for GHB, while complicated synthetic detergent-based so-called ‘liquid soaps’ will test negative.”
My Advice
Until these narcotic field tests have been re-formulated to give accurate results, and field agents can tell the difference between an organic personal care product and an illegal narcotic, I strongly recommend you avoid traveling across the U.S. border with any kind of all natural soap, deodorant, or any other item that may get flagged, such as tea tree oil, or organic chocolate. You may also want to reconsider keeping these items in your car, in case you’re ever stopped and searched for a traffic violation.
It seems unreasonable, yes. But unless you’re willing to deal with that kind of hassle, think twice about what you pack when you travel.
Law enforcement's so called field drug testing gear has been giving false positives for years yet they all continue doing business with this supplier.
Yup. The War of Drugs is a definite failure. Old news to libertarians like me. But then again, when the gummint employs low-wage fools at the border to do a professional job, you have to expect screwups. That's why TSA is such a joke, for example.
Police unions, ATF unions, FBI unions, CIA unions, baliff/court employee unions, prison guard unions, local cop unions, the list goes on and on.
THAT is why we have the failed war on drugs
and that is why we will NEVER be able to bring common sense to our country.
Every time I hear of a new law, I cringe. We have ENOUGH law, we have too much law. We are being crushed by our government through taxes and laws.
And 90% of the problem is the government worker UNIONS. Our government quit being of the people, for the people decades ago. It is now of the union, for the union and the mega-corporation.
It is heartbreaking that the majority of the sheep welcome and ask for this government to grow larger, more powerful and more fascist.
You people kill me. First off it's your elected politicians that make the laws, not the "govt unions". The "Govt. unions", protect the employees from ridiculous law suits that are brought on by you morons and the politics that most officers and agents don't want any part of. It's a two way street, as far as not being educated, I'm taking reports all day everyday because of you morons. You get yourselves beat up, robbed, burglarized, you cant stop fighting with your spouses, or stop driving drunk or high, killing innocent people on the street. I know it's not you and always someone else, but man, do you complain when a heroin addict breaks into your car and steals your GPS because you were to lazy to take it in at night. You know if these guys at the airports miss one person with a large shipment of dope, then they are idiots and not doing their job. Most of you are scared sheep and lemmings, afraid of your own shadows, but don't worry, when you need us we are there to fight the demons for you. Fix the system, lay off the troops, because you can probably look back and remember a time in the snow or rain you were helped by one of these horrible people.
Hello DeathChess, as a law enforcement professional it is your job to protect people from having their rights violated. It is not your job to violate the rights of the people you are paid to protect.
If someone beats up their spouce, robs someone, or drives drunk it is a legitimate use of police services to deal with it because someone is having their rights violated.
If I exchange a pound of pot for $5,000 in cash no one's rights are being violated, it is not a police matter and you should mind your own business.
It is no wonder that you scramble the two situations and then cry about how unfair it is that the police are hated in this country.
When someone breaks into my home it matters not at all if he uses heroin, the issue is burgulary! If the drug was legal he might not have to break into my home. You cops can grasp at any straw to justify violating the rights of minorities and those who engage in alternative lifestyles.
I have seen cops justify a night of harassing prostitutes saying, if we stop one man from taking AIDS home to his family this was all worth it. Let me tell you there are better ways to stop the spread of AIDS then arresting prostitutes and johns.
And one last thing, you cops are a monopoly. We can't go to anyone else. It is legitimate that we call you to do your job when our rights have been violated, it is not legitimate for you to violate our rights.
Please show me what part of the Constitution that you swore to uphold, that justifies the stupid and insane War on Drugs.
deathchess, how dare you call us morons, lemmings and sheep!? It's cops like you who make people hate the police. If you despise humanity so much, why did you join the force? The illuminati will have no trouble brainwashing you and turning you against the citizens you are sworn to protect when they come to militarize your police department---and I hope to heaven you do not live anywhere near me!
I wish I could remember once when the police came to my aid for anything. Unfortunately, I can remember numerous instances when I or members of my family have been harassed for various reasons. And before you jump to the false conclusion that we are low-life: Our family is fairly well-off; we do not use drugs or misuse alcohol; my husband is a retired teacher and mentor who taught in the court community schools, including juvenile hall, and had frequent interaction with the police; our daughter is a police officer with a sterling record on the force and a hell of a lot more compassion than YOU have!
I do believe you owe the readers of this message board an apology!
Deathchess: your response is a prime illustration of the typical attitude of law enforcement personnel. You are swaddled in your ego - you are above the law and certainly above the "chattel" you are employed to keep under control, ironically, by that very "chattel".
Public employees unions may not make laws in a direct way, but through co-mingling of funds and other ethically questionable means, these unions exert undo influence in the establishment of public policy, including law-making. I will go so far as to say, that in our state, they have successfully "bought" elections countless times.
We have no choice but to rely on you. If we attempt to defend ourselves, you guys arrest us. So, get off your friggin' high horse and come down to earth with the rest of us. There is no official policy that prevents you from using common sense.
Yes, you put your lives on the line every day. But somehow in the fray, you've forgotten that not EVERYONE you come in contact with a criminal out to get you; that it's not supposed to be you against us, but you for us against them. If you're having trouble distinguishing between those you need to protect and those they need protection from, perhaps you should investigate another career choice.
I think the choice of the handle "deathchess" is telling of exactly the mentality of a high proportion of our "public servants" and therein lies the problem. Random criminal acts by the public are not nearly so dangerous to liberty as coordinated acts by governments. Yes, conspiring to deprive persons of their civil rights is criminal activity.
"FASCISM HAS ARRIVED HERE IN THE USA DRAPED IN A FLAG AND CARRYING A CROSS!"
I was convicted of possession and cultivation of mary jane rotten crotch for sale. I was sentenced to house arrest and probation concurrently. My probation officer was testing me with a very accurate saliva test sent to an independent lab every time. I was tested by my probation officer the same day I went to get my bracelet for house arrest. They tested me with a spot check paper test that they dip in urine. This test showed me positive for every thing. Literally every thing on the paper turn orange. Opiates, cocaine, thc, amphetamine..... Even though there was literally an entire Uhaul box full of these tests they couldn't open up two more just to make sure. They just said could not be on house arrest, so I had to go to jail that night. Zero warning. How many families can go with out their only bread earner for 3 months on zero notice??? So rather than me paying $700 a month to be on house arrest... I was in Jail at a cost of over $3500 per month to the tax payers, which includes me BTW. I am not a poor defenseless addict who had a public defender. I dropped $30k on a fantastic attorney. So from jail I had to have him SICK BALLS on these bastards. I smuggled out a hair sample... my friend got it to an independent lab. Obviously I wouldn't be writing this if it didn't come back totally clean. So we threatened to sue, got my sentence dropped by 1/3 and then 1/3 again. Through the ordeal my research found that the test they use has an admitted 7% inaccuracy rate. So yes to answer your obvious question, I am going to sue them anyway. I am still on probation and my probation officer is cool and understanding. But I have talked with my attorney, he wants me to get off probation first for fear of retribution...Then we sick balls on behalf of everyone that ever got kicked off house arrest with that test. B. Franklin said this would happen.
Sorry to hear about your ordeal Jeff. I for one do not feel safer because you went to jail, in fact the opposite. Like Tommy Chong said when asked what prison was like, "Oh, you'll find out."
Not freedom of religion, but also freedom from religion.
Jeff: So yes to answer your obvious question, I am going to sue them anyway.
ALAN: Too bad the individual cops can not be held accountable because otherwise the taxpayers pay for the cops mistake. We need to change that.
This relates to what I said in an earlier post about our President not trully being the person in charge. And our so called war on drugs, well this is why it is only fought on the street level. You never see corporate heads, and shipping magnets arrested. Yet they stretch their law enforcement resourses to go after people who simply want to consume healthy food. Think of ways to make life easier for those selling food products full of toxins, and harmful drugs, and harass those who resist.
See it does not matter if it is Democrate, or Republician, in charge, "Fascism" rules. Right or wrong it is all about the money.
White Christians have enjoyed special privileges for many years. Can you imagine getting elected and not being white or Christian? When was the first non-white elected to public office? Has there even been an Atheist elected?
The majority wants to protect what it knows and what it is comfortable and familiar with. Law enforcement is all about preserving the status quo.
I do not believe there is more than a handful of Republicans that still believe in the War On Drugs, yet it is way too profitable for them to end it. And would they even know how?
The fact that there are government resources available to go after Health Food stores and Organic distributors shows how powerful the Big Pharma community is, and how serious they are about protecting their profits. It used to be they just laughed at us and ignored us. Now we are a threat and they are going to treat us as such.
Bill Maher says if marijuana was legalized it would put BP out of business. Would it? I think it would.
Republicans have kept the democrats from banning many natural foods and medicines. They finally did get through a bill placing them under the FDA but they are not through, and Waxman who is now head of the Commerce Committee will see that they get passed with no republicans to block them now. They have made it hell for Chinese meds to get in and want them banned. If Waxman has his way you will need to go to your family Dr. to get any vitamins and minerals. I worked in the Clinton White House and was shocked to find in that administration a hostility to the natural food industry. The democrats are not alternative health friendly so we will see a lot of these businesses shut down under increasing regulations which is much simpler than passing laws, now that they have all three houses.