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Discussion

Shafted by the State

I am in a monitoring program for a DUI. Yeah my fault but have been in it for for 2 years and 10 months and the program is 3 years but they usually add another 3 months for paperwork. Have always been compliant with meetings and all the other restrictions that go along with it. Got a call that I had a positive screen. Was crapping my pants!! They would not tell me what it was positive for only that I could get a follow up test for $150.00. I said heck yeah. Well 5 days later they say its still positive yet still will not tell me what for. I keep telling them I took nothing and drank nothing nor ate anything with ETOH as an ingredient.

Finally they stop beating around the bush and said the expensive test showed I tested positive for poppy seeds (the original test just showed positive for opiates). Believe me I learned every food that had poppy seeds (bagels, pasta salad, dressings, corned beef etc....). I assured them there was no way I had anything but was relieved it wasnt an opiate (had every conspiracy theory from a spiked drink to tainted ibuprofen). My relief was soon replaced by anger when I find out they are starting me from scratch and now I have another 40 months to pay for meetings and drug tests.

I ended up finding out it was possible that a steak hoagie I ate was probably cooked in close proximity to a Rueben (poppy seeds) and some seeds or just oil extracted from the seeds got on my sandwich. My friend who is a chemist said poppy seeds have various amount of "Morphine" in them and depending how they are processed some have more than others. As few as 30 seeds can cause a positive or in my case just the fact some of the oil and I guess "some" seeds were cooked off and transferred to my sandwich.

I attend a nurse group (now has to be every week again) and RN's have tested positive for ETOH and nothing has happened yet I pop positive for poppy seeds and am pretty severely punished.

FOr those shaking their heads it says in my contract no poppy seeds. So they said I violated my contract.

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  • Author

I also was forced to write a letter stating why I intentionally violated my order by CHOOSING to ingest a banned substance and what I need to do to avoid CARELESSLY violating my order again. The State said I should of specify when I go out to eat or order food to tell them to not cook my food near poppy seeds. They said if I would of taken the precaution initially I wouldnt of violated my order and thats why I was punished.

Are poppy seeds illegal? Get an attorney.

Wait, are poppy seeds illegal now? This is so ridiculous. You need a lawyer.

A lawyer would say just what the OP said: his contract said NO poppy seeds and apparently he ingested some. Seemingly unintentionally, but he ate them regardless. Sorry OP

If your post weren't so detailed I would say you were punking us. But SERIOUSLY????

I believe in responsibility but this really does sound totally ridiculous. Keep your cool (like you have been) and get a BoN savvy lawyer.

Is there really a test that can separate out blood levels of poppy seeds vs. opiates? What's the point if it's going to be used against you?

Done in by the "Poppy seed clause"

Apparently my previous post needs a moderator.

Well, I went to the Snopes website, and sure enough a woman lost custody of her baby for positive poppy seed level. I hope winning the lawsuit helped her feel better about that bagel.

My downfall would be Costco poppyseed muffins.

  • Admin

This is a moderated forum. All posts must be pre-approved before going public.

  • Author

When they did the 150.00 test it ruled out every opiate and I guess showed that it was indeed poppy seeds. Because of the wording of the contract I signed that states "no foods with poppy seeds" I violated the contract. To me I figured it meant hey if you eat poppy seeds you might pop positive for an opiate which will require and additional 150.00 test to rule it out NOT if you eat poppy seeds we consider it a relapse and screw you. A lawyer will not help in this situation at all.

  • Author

I am venting more than anything but Its so discouraging to go thru this process and be punished over something that was totally out of my control. Even when it was proved it was just poppy seeds the state was like who cares.

The point of the 150.00 test was because like 99/100 tests are dead on accurate but that 1% is wrong and the expensive test would of shown if it was a false positive but in my case it was kind of a false positive. The state knows 100% it was caused by poppy seeds but they treat it as an order violation none the less.

I am so sorry that this happened to you. AND that is the most outlandish thing I have ever heard of. Ever. Poppy Seeds are not drugs or alcohol. Who's clustered up idea was it to add poppy seeds to the list?

Just venting as well. I am outraged for you. And everyone else who have done what they need to as far as staying clean and sober, and yet, lurking in the shadows is the dreaded poppy seed. What a giant scam to get a boatload of money off of you. Wicked suckfest.

I am so sorry this has happened to you. I am in a similar situation having tested positive for alcohol recently. I personally have ordered an entree in a restaurant which was not described on the menu as containing poppy seeds. After my food arrived, it took at least a few bites to realize the sauce contained poppy seeds. They seem to be such an innocuous ingredient. Even if you had instructed the staff to not prepare your food in the vicinity of poppy seeds there is no guarantee they would honor that request. Most restaurant kitchens are just too busy to alter their well established and efficient procedures due to a customer request.

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