If you fail the drug test

If you fail your test, many people have found that raising hell actually helps. Failing the drug test has been known to make a quiet person go ballistic. You will be interviewed by a medical review official (MRO), who would try to find out why you tested positive. MRO's are not impartial. An MRO is an employee of the lab, and is there for quality control. They are also there to protect the lab by coercing the court into thinking that the person who failed is a drug abuser. "Anything you say to an MRO can and will be used against you" (RDW). If you fight it, your lawyer "can subpoena the proficiency testing records of the laboratory for review." Amongst others, these questions should be asked about the lab you are challenging:

  • How does the lab handle samples?
  • Are they NIDA/CAP certified?
  • Do they participate in appropriate proficiency testing?
  • What is their track record in the proficiency testing program?
  • Have they ever failed a proficiency test?
  • What are the qualifications of the technical staff performing the test?
  • What technologies do they use to screen and confirm?

"Conquering the Urine Tests" provides additional legal advice that will help you before taking a test, and if you fail a test.

If you are an adult, you can contact the ACLU. If you're a minor, don't bother; the ACLU won't do anything for children who fail a drug test. Of course, keep us notified as to what tools you use at info@neonjoint.com so we can use that to help others. Many people ask for advice before the test, and then don't report back. Just know that your situation can help others who are similarly stressed. 

There are ways to fight drug testing. For example, if you ever serve as a juror for a case where someone is being charged for a drug offense – and a drug test is used as evidence – be aware of jury nullification. If sufficient evidence is submitted supporting a law you consider unjust, you have a right to vote not guilty simply because you disagree with the law. You may agree with the law, yet disagree with the punishment for that particular crime. If you feel the punishment is too harsh, you also have the right to vote not guilty. Vote your conscience. The court never tells the jurors of this right, but it's there. The Fully Informed Jury Association is a good source for this information.

Many employers no longer show lab results to employees. They just get rejected if seeking employment. Elderly employees are getting fired for failing the test, consequently losing all of their pension benefits.