Here’s What Service Members Should Know.

The positive military drug test secondhand smoke myth has been debunked–but other seemingly innocuous acts could lead to a failed drug test. For one, enjoying a lemon poppy seed cake or an everything bagel could make your urinalysis come back positive for codeine, morphine, or both. This risk is especially high for service members deployed in the Balkans, Middle East, and Eastern Europe, where poppy seeds are

What happens if you fail a drug test in the military after consuming too many poppy seeds? Will you be dishonorably discharged, or can you challenge the results to be false positives? In cases of innocent or unknowing drug ingestion, Daniel Conway & Associates fight to keep upstanding military members in unfortunate situations where they belong: serving our country.

The DoD Issued a Memo to Avoid the Consumption of Poppy Seeds.

The Department of Defense (DoD) stated all service members should be warned of the potential dangers of consuming poppy seeds. The statement acknowledged that in the past, service members have tested positive for morphine after consuming poppy seeds. The DoD statement also noted that poppy seeds are commonly used in various dishes, particularly in Middle Eastern cuisine.

The DoD’s advisory noted that poppy seeds can cause service members to test positive for morphine, which is an opiate, and that poppy seeds are commonly used in baked goods, such as breads, muffins, and bagels, as well as in other food items. The advisory also stated that the ingestion of poppy seeds may lead to the unintended and unknowing use of a controlled substance, which is a violation of the Uniform Code of Military Justice (UCMJ).

To address these risks, the DoD has recommended that service members abstain from consuming poppy seeds. This proactive step is designed to avert unwarranted complications and the potential legal ramifications of a false positive drug test. Service members are encouraged to be vigilant about their dietary choices, particularly in regions where poppy seeds are commonly used in local cuisine.

Does Consuming Poppy Seeds Count as Innocent Ingestion or Unknowing Ingestion in The Military?

In the February 2023 DoD memo advising service members to “avoid consumption of all poppy seeds, including food products and baked goods containing poppy seeds,” they acknowledged that some service members may have been wrongfully disciplined or discharged due to unknowingly ingesting them. However, they did not clarify any actions they plan to take to stop this from happening. As such, consuming poppy seeds may not count as innocent or unknowing ingestion in the military and could result in being discharged.

The advisory also emphasizes securing immediate legal counsel upon a positive drug test. A battle-hardened representative such as Daniel Conway, skilled in addressing false positives, can be pivotal in advocating for the individual and navigating the intricate pathways of the military’s legal framework. With stringent military notification of failed drug test time frames, swift action is imperative to ensure a comprehensive and equitable defense for service members.

Beyond poppy seeds, we must also consider other potential sources of false positives, such as military drug testing and secondhand smoke. A comprehensive defense strategy should encompass all conceivable factors that could lead to an erroneous positive result. By being proactive and well-informed, service members can better safeguard their careers and reputations from the unintended consequences of innocuous actions.

Too Many Poppy Seeds = Positive Drug Test.

Even though the poppy seeds we commonly ingest in various foods are not powerful enough to intoxicate you, they may still show up on drug tests. That’s because the seeds in countless culinary creations are derived from the opium poppy plant, the source of morphine, and come with trace amounts of morphine and codeine. While the consumption of a small quantity, such as those sprinkled on a bagel, is typically insufficient to yield a positive result, the ingestion of a more considerable amount, as in a whole poppy seed muffin, heightens the likelihood due to the increased concentration of opiates.

The relationship between poppy seed consumption and positive drug tests is complex. It depends on various factors, such as individual metabolisms and the sensitivity of drug tests. Some people may metabolize opiates quickly, while others retain them in their systems longer. Likewise, some drug tests may be more likely to detect trace amounts of drugs than others. These factors underscore the importance of understanding the potential risks associated with consuming poppy seeds, especially for service members who are subject to regular drug testing.

While poppy seeds are a well-known culprit of false positives, other substances and environmental factors can also lead to such results. That’s why it’s essential to consider other potential causes of false positives, such as military drug tests and secondhand smoke. If you find yourself facing a positive drug test result, it is essential to act quickly and seek lawyers for failed drug tests. They can help you navigate the complexities of military drug testing policies and the list of illegal drugs in the military, ensuring that they have the best possible defense.

Swift action is paramount, given the stringent time frame for military notification of failed drug tests. Our seasoned lawyers at Daniel Conway & Associates will skillfully guide you through the process, assisting in collecting evidence and constructing a robust defense to substantiate that any positive test outcome resulted from innocuous poppy seed ingestion or other negligent factors.

Can You Get Dishonorably Discharged for Unknowing Drug Consumption?

We all know you can get dishonorably discharged for drug use but what if you consumed it unknowingly? If you test positive for drugs, you can potentially lose your military career and may face criminal prosecution. However, depending on the circumstances of the incident and your military record, you could receive a general discharge or other-than-honorable discharge. If dishonorably discharged, not only do you lose the protective influences of the military, but you may face bigger substance abuse or mental health problems. To ensure this does not happen to you, review the following list of illegal drugs in the military:

• Amphetamines
• Cocaine
• Ecstasy/molly (methamphetamines)
• Heroin
• Fentanyl
• Prescription opioids (codeine, morphine, hydrocodone/hydromorphone, Fentanyl, oxycodone​/oxymorphone)
• Marijuana/cannabidiol
• Benzodiazepines
• Hallucinogens (mushrooms, salvia divinorum, LSD, PCP)

What is Involuntary or Unknowing Ingestion?

Involuntary or unknown ingestion refers to cases where individuals may not be aware that they are putting contaminated food or beverages into their bodies. This could also refer to instances where they have been exposed to environmental toxins or malicious tampering. In cases like this, lawyers for failed drug tests will build a defense based on the notion that you had no intention or awareness of consuming the poppy seeds that appeared in the test. To prove your case, your attorney will rely on witness testimony or, if possible, forensic evidence.

What is Innocent Ingestion?

Innocent ingestion refers to cases where an individual indicates that they did not knowingly or willingly consume the substance that caused the test failure. However, they acknowledge that the substance, poppy seeds, was consumed. The individual says the substance was not “intentionally wrongfully used.”

Protecting Your Military Career

A false positive drug test can be a frightening experience for any service member. The best way that you can protect your career is by becoming familiar with the list of illegal drugs in the military. Despite your best efforts to avoid them, if you still need to defend against a positive drug test, there are steps you can take to improve the outcome. The first and most crucial step is to secure representation from an experienced legal professional from Daniel Conway & Associates.

Transparency is paramount in our partnership. To do our job well, we must know everything about you and the circumstances that led you here. Share all pertinent details, from recent dietary habits to potential environmental exposures, such as secondhand smoke from military drug tests. This information will help us construct a robust defense, ensuring your rights are upheld and that the court comprehends the full scope of your situation. Moreover, the collection of corroborative evidence, like receipts from poppy seed-laden meals, will further fortify your case.

How We Can Help You.

Preparing for an Article 112a hearing requires meticulous planning and expert guidance. It’s crucial to be aware of the military notification of failed drug test time frames and act promptly, as military procedures are strict and time-sensitive. Our attorney will help you understand the process and prepare for testifying. They will advise you on how to present your case effectively, addressing any potential weaknesses and highlighting the strengths of your defense.

Your Daniel Conway military defense attorney will be your most important advocate throughout this process. They will work to establish that you are innocent of drug use, present evidence on your behalf, and navigate the legal process to help you avoid the potentially career-ending consequences of a drug-related charge. Safeguarding your military career and reputation demands timely and informed action, and the right legal representation is pivotal. A lawyer for failed drug tests will ensure your rights are protected and you receive a fair hearing.

Defending a Positive Drug Test.

It is a prevalent misunderstanding that individuals cannot contest a positive drug test result. However, service members accused of such violations possess the right to formulate a defense. In instances involving the consumption of poppy seeds, the defense approach would focus on establishing that the ingestion was unintentional or without knowledge. For example, if an individual test positive for codeine after consuming a pastry containing poppy seeds, a viable defense could include securing witness statements from those who saw the separate purchase and consumed the pastry.

Compiling evidence substantiating the claim of innocent consumption is crucial to effectively constructing a defense. This may involve presenting documentation related to food intake, acquiring expert testimonies regarding the potential for poppy seed contamination, and introducing any other pertinent evidence that bolsters the defense’s position. Additionally, it may be prudent to retain the pastry and send it to a certified laboratory for independent analysis.

Drug testing has traditionally relied on the ratio of morphine to codeine. Specifically, results are deemed not attributable to poppy seed consumption if the morphine concentration exceeds 5,000 ng/ml, the codeine concentration surpasses 300 ng/ml, and/or the morphine-to-codeine ratio is less than two to one. However, recent research indicates that there is no definitive ratio that allows drug testing laboratories to ascertain whether the presence of codeine is due to intentional misuse or the consumption of a poppy seed product. Numerous cases have emerged in which service members have been incorrectly identified as misusing codeine.

Understanding “Beyond a Reasonable Doubt.”

In the military justice system, the standard of proof to establish guilt in criminal cases is “beyond a reasonable doubt.” This is the highest standard of proof and means that the prosecution must present evidence so convincing that no reasonable uncertainty of the defendant’s guilt remains. It is important for service members facing a failed drug test to understand this standard. To meet this burden, the prosecution must prove every element of the alleged offense, including the intentional use of illegal substances.

A positive drug test alone is not enough to convict a service member. The government must also prove that the service member knew or should have known that the substance they used was illegal. This is where the concept of “beyond a reasonable doubt” is particularly important. If there is reasonable doubt about whether the service member knew the substance was illegal, the government may be unable to present sufficient evidence to prove they were aware. This is especially true when a service member tests positive for drug use based on the consumption of poppy seeds or exposure to secondhand smoke.

Our seasoned lawyers for failed drug tests are instrumental in challenging evidence and introducing that critical reasonable doubt. They meticulously review testing protocols, the sample’s chain of custody, and other factors that may question the integrity of test outcomes. Additionally, they can present alternative scenarios, such as the accidental consumption of substances present in everyday foods or environmental exposure, to construct a narrative that weakens the prosecution’s case.

The legal standard of “beyond a reasonable doubt” is a potent defense for service members confronting positive drug test results. It mandates the prosecution to present an irrefutable case, leaving no space for doubt. With the guidance of a seasoned false positive drug test attorney, service members can effectively challenge the evidence, preserving their military careers and upholding the principles of a just legal process.

You Fight for Our Country. Now Let Us Fight for You!

The stakes are high for service members accused of drug offenses. Your military career is a massive point of pride, and it should be. You’ve served your country and ensured the safety of your loved ones. But what happens to that feeling when you are unfairly discharged due to a false negative drug test? A conviction could lead to a dishonorable discharge, incarceration, and a lifetime of restricted opportunities. That’s why service members need to retain an experienced military defense lawyer as soon as they are notified of a failed drug test.

A skilled attorney can help service members navigate the military justice system, challenge the evidence against them, and fight to protect their rights and future. A false positive drug test lawyer can provide guidance and support throughout the process, helping to navigate all the complexities of military law. Turn to Daniel Conway & Associates to ensure your reputation remains untarnished. No matter the branch, no matter the base, we build the case.

Contact Daniel Conway & Associates online or call (888) 401-6214 today to schedule a consultation with our lawyers for failed drug tests!