Quod me nutrit me destruit*, indeed.
So, what's in your
wallet (or handbag or toiletry kit)? If you're traveling out of the
country any time soon--hell, if you're simply driving around in this
one--you'd be wise to rid your bags and carryalls of any organic
chocolate bars, natural soaps, and health-food-store deodorants. Read this, be horrified, and for goodness' sake, be careful:
For
Nadine Artemis and Ron Obadia, August began with plans for a family
vacation in Minnesota. The vacation ended with the two Canadian
citizens being led through Toronto's airport in handcuffs, locked up
and separated from their baby.
"We were dumbfounded," Artemis
says. Police told them they could be facing years in prison for
exporting narcotics, because 2.5 pounds of material found in their
carry-on bag tested positive for hashish. "All we knew was that we
didn't have drugs."
They were telling the truth. They didn't have drugs. They had chocolate.
The
couple were caught up in what civil libertarians, public defenders and
some narcotics experts say is a growing problem: the use of unreliable
field drug-test kits as the basis to arrest innocent people on illegal
drug charges.
The inexpensive test kits are used by virtually
every police department in the country and by federal agents, including
Customs officers at the nation's borders. The kits test suspicious
materials, and a positive result generally leads to an arrest and court
date, pending more sophisticated tests done after the sample is sent to
a lab.
The kits use powerful acids that react with the substance
in a plastic pouch. If the liquid turns a certain color, it is a
considered a positive result. But a number of legal products and plants
test positive: chocolate for hashish; rosemary for marijuana; and
natural soaps for the "date-rape drug" GHB.
"The tests have no
validity," says former FBI narcotics investigator Frederick Whitehurst.
And as more organic products come on the market, "the potential for
civil rights violations when these presumptive tests are out there is
phenomenal."
Although police have been using the field test kits
for decades, "there's no regulation, no oversight that these drug tests
perform in any way," says Dr. Bronner's Magic Soaps President David
Bronner, whose products have tested positive for GHB.
With the growth of organic and natural foods and products, experts say arrests may increase.
"We
are alarmed by the growing number of people who have been taken to jail
for simply possessing organic products," says Ronnie Cummins, director
of the Organic Consumers Association.
On Aug. 29, Artemis and
Obadia, founders of Living Libations, a company that makes organic and
natural food and beauty products in Haliburton, Ontario, were cleared
of the charges when lab tests showed they were simply transporting
chocolate. [...]
So far, the couple's legal bills have topped $20,000, covered in part by Bronner's company.
As
you can see, I'm not joking about the need to be careful. As someone
who routinely carries (at least) a bar or two of organic dark chocolate
in her handbag--more if I'm flying, in case I need to share it with
cranky people during inevitable delayed-on-the-runway scenarios--and
furthermore, who has Dr. Bronner's Peppermint Soap in her shower and her travel toiletry kit, let me tell you, this story sent chills down my spine.
No,
we shouldn't have to modify our own normal and perfectly legal behavior
in order to avoid being falsely accused and expensively
imprisoned--this is America, yes? The fault for these outrageous
miscarriages of justice lies clearly in the laps of the test-kits'
manufacturer(s), as well as those law enforcement and customs personnel
who awarded them the lucrative government contracts to make the kits.
Kits that don't test for a specific substance, by the way, but rather,
just identify a general classification to which a substance belongs.
Poppy-seeds
fallen from your morning bagel, or evidence of something more sinister?
The test kit will err on the side of un-Constitutional.
On the
other hand, I'm certainly not willing to risk being thrown in jail and
separated from my sons--and then forced to spend a fortune on legal
help to prove my innocence--simply because I love chocolate (which I
do, very much) or because I like the wake-me-up scent of mint in my
bath products.
Allen Miller of Forensic Source,
which makes kits, says they find "families of chemical compounds" and
are not meant to be definitive. Any arrest should be the result of good
investigative police work, Miller says.
But Adam Wolf of the
ACLU says "police officers and drug-test companies should not subject
our constitutional rights to a game of chance."
*What nourishes me kills me.
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