Passing a Drug Test - Is It Legal?
Your specific drug testing situation may vary but if you are applying for employment in the private sector you may very well not be violating any laws when you attempt to pass a drug test.
This is the statement made by the Department of Labor Workplace Advisor::
The majority of employers across the United States are NOT required to drug test and many state and local governments have statutes that limit or prohibit workplace testing, unless required by state or Federal regulations for certain jobs. Also, drug testing is NOT required under the Drug-Free Workplace Act of 1988. On the other hand, most private employers have the right to test for a wide variety of substances. It is very important that before designing a drug-testing program you familiarize yourself with the various state and Federal regulations that may apply to your organization.
With that said the please verify the legalities of trying to pass your drug test and keep in mind the easiest way to pass a drug test is not to take drugs in the first place.
Can I Pass a Drug Test?
There are many techniques floating around for flushing your body free of drugs or tricking the tests by loading up on herbs, certain foods, magic detoxifier pills, coffee, etc. There are more about spiking your specimen with adulterants. But many are myths.
For example, there is speculation that loading up on water before a urine drug test might dilute drugs and metabolites just enough, to put them below the cutoff levels. But, lots of water makes your urine look pale. It's a healthy sign that you're well-hydrated, but also a waving flag that you might have tried to "flush." NORML, a group working to reform marijuana laws, suggests that you might be able to beat watery-urine detection "visually" if you also take vitamin B-2, which tints your urine yellow.
Another myth is about claiming to be a "passive" user, like by incidentally inhaling ambient pot smoke at a rock concert. You can try using that excuse, but if you're a regular pot smoker, it likely won't fly. Your level will probably be above the cutoffs and far above that of the passive smoker, which, at only about 5 ng/ml or so, is well below the cutoffs. The same goes for passive absorption, like from maybe handling a dollar bill that was unknowingly rolled into a "straw" to snort coke. But, nice try.
It's true that poppy-seed ingestion can cause false positives for opiates a few hours later in urine tests. But labs claim that hair analysis can distinguish between opiate abuse and poppy-seed ingestion. Additionally, the Feds are familiar with urine-adulteration tricks. Consequently, the Feds upped the ng/ml detection level beyond that of "normal" poppy-seed ingestion, but still within the range of abuse. Normal ingestion is considered to be like two poppy-seed muffins in a day, tops.
Don't rely on excuses
Although urine tests are far from infallible, it is difficult to challenge positive test results. "False positives," in which workers are wrongfully accused of marijuana use, are highly unlikely so long as labs exercise proper care (however, not all labs do this). The standard procedure is to first screen the samples with an immunoassay test (e.g., EMIT® or RIA®), then confirm positive results with the more accurate gas chromatograph mass spectrometer (GCMS). This virtually eliminates the chance of false positives in exchange for a relatively high rate of "false negatives," where drug use is not detected. The sensitivity of the test is determined by the concentration of metabolites it is set to detect: for the Dept. of Transportation, the standard cutoff is 50 nanograms/milliliter (ng/ml).
No substance is known to produce a false positive for marijuana. It used to be that ibuprofen (Advil, Motrin, Nuprin) interfered with the marijuana test, but this problem has been fixed. A variety of over-the-counter medicines can cause false positives for amphetamine and other illicit drugs on the EMIT test, but not on the GCMS.
"Passive smoking" of marijuana is not an acceptable excuse at the 50 ng/ml level, since only in extreme circumstances can a non-smoker absorb enough pot to test urine positive (e.g., being stuck in a closet full of heavy smokers for hours). However, passive exposure may result in positive tests at 25 ng/ml or lower.
Know your rights
Make sure your employer has the right to test you. Additionally demand they give you their drug testing policies in writing. Your employer should know if the testing facility is accredited. They must advise you as to the testing procedure and what steps are to be taken in the event of a positive test result.
These are legitimate concerns and should legally be answered up front. If they cannot answer them they make back off the test completely.
If you fail your drug test
Be cool & don't rely on excuses. If you fail your drug test don't pitch a fit. Inform them that this is 'simply not possible' and ask them how this could possibly be. Do not volunteer any other information. As far as you are concerned failing the drug test was never even a remote consideration in your mind. Ask them what you can do about this situation and see if you can retest at a later date. Your best reaction in this situation is puzzlement, not anger. Reasonable cooperation is the best approach. Remember, if you want the job you will need to re-test at some date. Your best chance of this is cooperation and putting the test date off as far as possible.
Detox Products to Pass a Drug Test
Over the past decade a number of highly effective detox products have come to the marketplace in response to the increase in drug testing. Hair follicle shampoos for passing hair drug tests, urine additives and flushing agents for passing urine drug tests and saliva solutions for passing saliva drug tests. Many of these are quite effective but with many industries some of them just do not work.
Using common sense
When selecting a detox product here are a few guidelines:
- Do they answer the phone when you call for support?
- Is the support staff knowledgeable?
- Do they offer a money back guarantee?
Most of these questions are common sense and should be considered when purchasing any product but in the panic to find a detox product to pass your drug test it is easy to lose track of common sense.
Please note that the use of these products may violate local, state or federal laws. In instances of court ordered drug tests use of these products is most certainly illegal and may result in additional charges, sentencing or violation of parole. Please determine the legality of using these products prior to using them.
Passing a Random Drug Test
From time to time you may find yourself in a position wherein you need to pass a random drug test. And the fact is, if you are a drug user failure to pass a random drug test can completely destroy your life.
At the very least if you fail to pass your random drug test you will be placed in a company controlled rehab program.
Additionally, if you fail to pass your random drug test it can get much worse than that including loss of job and incarceration. The additional stress these occurrences can add to peoples lives have led to the failure of marriages and the loss of children.
Your best bet in this drug testing situation is to put the drug test off as long as possible to give yourself some type of an opportunity to purchase a detox product.
If you are confronted with a random drug test act calmly. If you must provide them with a sample immediately, do so. You may test positive but the time to deal with that is after the drug test results come back, not before you have even failed the test. If you fail the random drug test chances are very good that you will be allowed to retest once the results are returned. Your best bet is to calmly give them the required sample, leave and begin an immediate detox effort, then retest at a later date if you do indeed fail your random drug test.
Remember, non drug users do test positive and actual drug users can test negative. It may be your lucky day so keep your head about you until there is an actual problem.