For years, people have whispered about the effects that poppy seeds have on military members and other members of the public that are subjected to urinalyses. People familiar with these drug tests were concerned that poppy seeds could make a service member produce a false positive.  In 2003, these whispers got so loud that Discovery Channel’s hit TV show, MythBusters, tested this theory about the infamous poppy seeds.  It wasn’t until recently, however, that the Department of Defense finally confirmed the rumors.  Several months ago the Department of Defense released a memorandum confirming that poppyseeds can produce a false positives. 

What are poppy seeds?

 Poppy seeds come from a species of poppy plant called papaver somniferum, which is Latin for “sleep-brining.”  There are two main uses for poppy seeds.  The food industry uses them for cooking and baking.  The pharmaceutical industry uses them to help make morphine and codeine.  Poppy seeds alone do not contain opiates, but the seeds can become contaminated with opiates contained in the seed pod covering them.

Can poppy seeds get you high?

 No.  After the seeds are harvested and processed, they lose the majority of their opiate content.  After the seed is washed, cooked or baked the majority of the opiate content is lost.

Then why can poppy seeds cause a false positive?

 The military’s drug screening labs are extraordinarily sensitive, and the levels of codeine left in the seeds after processing vary depending on the variety of poppy seed consumed. Therefore, certain food products containing poppy seeds can lead to a positive urine drug test.

 Under most circumstances, opiate concentrations in the urine are too low to produce a positive test result. But certain food products – and it’s generally impossible to know which ones, because opiate content does not appear on food labels – contain enough opiates to produce positive test results. Moreover, because of overlap in opiate concentrations and morphine-to-codeine ratios, it can sometimes be challenging to distinguish test results that are due to the consumption of poppy seeds from those that are due to the use of opiate drugs.

Drug Use & Article 112a, UCMJ

 Members of the military can be court-martialed for wrongful use of a controlled substance.  More commonly, when a member tests positive on a military drug test, charges will be brought under Article 15, UCMJ (Non-judicial punishment) and the member will be processed for involuntary administrative separation from the service with the least favorable characterization of service - Other Than Honorable (OTH).  An OTH discharge carries a significant negative connotation in the civilian world and results in the loss of all veterans’ benefits that were earned during the current period of service.   If a member is separated for drug use, the member is barred from enlisting in any other branch of the military.

How can Matthew Thomas Law, PLLC help?

Mr. Thomas has handled hundreds of positive military drug test cases.  Regardless of whether you are being sent to a military court-martial or administrative separation know that you need a talented defense attorney on your side.  The first step to building a strong defense against criminal charges is building a strong relationship with your attorney. We are here to listen to and review the facts of your case and begin working on your defense. Contact our office to set up a time to talk an experienced military drug crime attorney Matthew J. Thomas today.