By Dan Viets, J.D., SMCR Board Chair
A series of new crimes involving “altering or falsifying” drug tests would be created if House Bill 38 filed last week by Rep. Jeff Roorda of Jefferson County, is passed. The new crimes would be committed by using or possessing with intent to use any device or “biological sample” to alter a test or test result. It would be a new crime to provide, even without charge, or possess, a “biological sample”, like urine, or any adulterant, for the purpose of altering a drug test result.
This bill is shocking in it scope. As filed, this bill would make it a crime to alter ANY drug test. It is not limited to tests given to people on probation or parole. It would apply also to anyone applying for a job in the public or private sector, or undergoing medical diagnostic testing or even a child whose parent inflicts a drug test on him or her. It represents the kind of thinking which has led to dramatic and terribly expensive over incarceration of Missouri citizens in recent decades.
Many prohibitionists see drug testing as a way to impose their failed policy on other members of society. But the ironic fact is that drug testing actually often leads to harder drugs. That is because the inactive metabolites of cannabis are detectable for far longer than those of almost any other prohibited substance, for up to a month or more after last use. The metabolites of heroin, methamphetamine, cocaine and many other drugs are detectable for only a few day, at most. The use of hallucinogens like LSD and psilocybin mushrooms are virtually undetectable, even while the person tested is under the influence of them.
Therefore, many people subjected to mandatory drug testing stop using the relatively harmless substance cannabis, and instead, substitute far more potentially dangerous and addictive drugs.
Fortunately, Rep Roorda is a Democrat, which means he is a member of the minority party, and not likely to be in a position to move this misbegotten bill forward. It has not yet been assigned to a committee nor set for hearing. Nonetheless, contacting your state representative to urge him or her to oppose this bill would be wise.
