Are Drug Tests Failing Us? Thousands Of Innocent People Get Arrested Every Year Due To Inaccurate Testing

Zinger Key Points
  • Roughly 30,000 drug-related arrests will include individuals falsely accused by color-based presumptive tests.
  • Field drug tests have become a significant contributor to wrongful convictions.
  • Black individuals three times as likely to be falsely arrested for drugs due to a positive result from a field test than white individuals.

Nearly 800,000 people will be arrested this year due to field drug tests, known for not being consistently accurate. Out of that number, approximately 30,000 arrests will include individuals falsely accused by color-based presumptive tests, despite not possessing illegal substances themselves.

That's according to researchers at the University of Pennsylvania Penn Carey Law School's Quattrone Center for the Fair Administration of Justice. Their recent study was based on a comprehensive survey conducted across the nation, revealing roughly 773,000 out of over 1.5 million drug-related arrests every year involving the application of presumptive tests.

Ross Miller, Quattrone Center Assistant Director and lead author of the report said presumptive field drug test kits often produce ‘false positives,' adding their primary objective was never to yield definitive proof of drug presence.

See also: Drug Testing Pivot: Top Test Manufacturer Replaces Marijuana With Fentanyl In Updated Screening Panel

However, these tests have become a significant contributor to wrongful convictions. Miller says the US criminal legal system is to blame.

"In our criminal legal system, where plea bargaining is the norm and actual fact-finding by trial is exceedingly rare, these error-prone tests have become de facto determinants of guilt in a substantial share of criminal cases in the United States and, as a result, a significant cause of wrongful convictions," he said.

Additionally, the report provided more insight into disproportionate effects on different racial groups caused by these tests, revealing that a Black individual is three times as likely that a white person to be falsely arrested for drugs due to a positive result from a field test.

Des Walsh, founder of the Roadside Drug Test Innocence Alliance said the report is mirroring all the harm produced by "$2.00 roadside drug test kits."

"Now, this landmark study by the Quattrone Center demonstrates the scope of the harm done by these inaccurate test kits, including the disproportionate impact to African Americans," Walsh said. "Based on this study, we look forward to working with law enforcement and other interested parties to implement policies and adopt better testing techniques to substantially reduce the tragic number of innocent people arrested and convicted because of these false tests."

Now read: Racial Disparities In Newborn Drug Testing Exist: Michigan Researchers Unveil Troubling Data

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Posted In: CannabisGovernmentNewsRegulationsCannabis ArrestsDes Walshdrug arrestsfield drug testsPennsylvania Penn Carey Law SchoolRoss Miller
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