Toxicology screens (drug tests) are universally requested by Child Protective Services (CPS) and the family and juvenile courts when there are allegations or signs of drug use by any household member (child or adult). Sometimes, they’re also requested even without any evidence to suggest drug use by any household member at all. We at Heartwork Defense have seen many cases where people who think they have nothing to fear agree to a toxicology screen and to their surprise, end up testing positive. A few are errors made by the labs that perform the tests- others are false positives caused by prescription or over the counter medications they’ve taken- either on a regular basis or within days of taking the toxicology screen…so how do you know if you’re at risk, what happens if you do test positive and what can you do about it?
Toxicology screens ordered by CPS and the courts are typically urine drug tests; drug tests using a hair follicle are rarely ordered by CPS. If you don’t agree to the test, in a CPS case, they may seek a court order to force you to do so. However, if CPS doesn’t have any evidence to justify the court order, it may not be given. Whether or not it would be recommended you agree to it is going to vary depending on the case. In a custody or divorce case, the order may not be granted, either, but because the opposing party tends to know you better than CPS would, the likelihood this order could be granted is higher and ultimately affect custody, visitation, or both. Regardless, there are a surprising number of medications that can put you at risk of receiving a false positive drug test in parental rights defense cases. Let’s take a look at them:
- Cough medicines (such as Robitussin, Delsym and others) contain an ingredient called Dextromethorphan, which can cause a false positive for PCP (phencyclidine).
- Some illicit substances also have limited approval for medicinal use. GHB (Gamma-Hydroxybutyrate) is used to treat Narcolepsy as the medications Xyrem, Xywav, Lumryz and Sodium Oxybate under strict regulation and if GHB is tested for, may result in a positive drug screen. Epidiolex, a CBD-based (cannabidiol) medication used to treat certain types of epilepsy, may test positive for marijuana.
- There are many decongestants that contain pseudoephedrine, such as Sudafed, that may result in a false positive test for amphetamines or methamphetamines. Methamphetamines, sometimes referred to as Meth for short, are illegal. Amphetamines are often used to treat ADHD and are often sold under the brand names Adderall, Concerta, Dexedrine, Focalin, Metadate, Methylin and Ritalin. While these medications have legitimate use, they are also commonly abused and may be screened for.
- Diphenhydramine an antihistamine is an ingredient in Benadryl and some other medications. Although limited doses are not likely to cause problems, higher doses may cause a false positive test for opiates.
- Phentermine is a medication designed to help people lose weight. However, it can cause a false positive drug test for amphetamines.
- NSAIDs (Non-Steroidal Anti-Inflammatory Drugs) are over the counter medications used to treat pain such as Aspirin and Ibuprofen (sold as Aleve, Advil and other brands). If you take these on a regular basis, there is a chance it could result in a false positive drug test for barbiturates or THC (marijuana).
- Some medications in a few types of anti-depressants may cause false positive drug test. Venlafaxine and Desvenlafaxine may cause a false positive drug test for PCP. Sertraline may cause for a false positive for LSD (D-Lysergic Acid Diethylamide) or benzodiazipines (another type of prescription medication occasionally abused). Both trazadone and Burpropion may cause a false positive test for amphetamine or methamphetamine.
- Pantoprazole, a proton pump inhibitor designed to treat GERD (Gastroesophogal Reflux Disease) and heart burn may cause a false positive drug test for THC (marijuana).
- Quinolone antibiotics, such as Levofloxacin, are anti-bacterial medications. They can cause false positive drug tests, for opiates, amphetamine or methamphetamines.
- Promethazine is a medication used to treat nausea and vomiting. This can cause a false positive drug test for amphetamine or methamphetamine.
While this is not an exhaustive list, it does cover the most likely medications to cause a false positive drug test. If you do take any of the medications listed above on a regular basis, Heartwork Defense strongly recommends you get a written note from your prescribing doctor (if the medication is prescription) written on the doctor’s own letterhead that includes your name, the prescription name, why it is prescribed and that it may result in a positive drug screen. If it is an over the counter medication you took shortly before CPS has scheduled a drug screen, it is recommended you disclose it and document it. If you don’t and you do test positive, the consequences have the potential to be severe. In child custody, divorce, domestic violence and other parental rights defense cases, in the face of a court order, try to allow for you to select the provider where you get screened or better yet, in some cases where you can predict it’ll be brought up, get the test in advance and provide it to the court to shut down the debate before it even begins.
In CPS cases, what they won’t tell you when they request you or another household member submit to a urine drug screen is that they can’t force you to take one without a court order. If you do test positive, CPS may probe further, substantiate the allegations (and if there aren’t any drug-related concerns, they may be added) and in the worst cases, may remove your child(ren). If you do agree to a drug screen or are compelled by court order, it is recommended you also get a separate drug screen performed at a different lab at your own expense just in case. Ultimately, maintaining as much control as possible in parental rights defense makes it easier for you to win. The more control the opposing party has, the harder a time you’ll have. Make sure you’re prepared: store all of your medications safely in a lock box out of reach of any minor child(ren), make sure you have documentation from your doctors and educate yourself. The difference between a quickly settled agreement and a long-drawn out case isn’t always that much. The more you know, the better prepared you’ll be and the better prepared you’ll be, the easier a time you’ll have.
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