Vancouver lawyer buys Tim Hortons poppy seed cake, tests positive for opioids 17 minutes later

A law firm based in Vancouver running tests using the federal government's new Dräger DrugTest 5000 found that a Tim Hortons poppy seed cake tested positive for opioids.

The Dräger DrugTest^® 5000 was approved in late 2018 to be used as a tool for testing for the presence of drugs like marijuana, opiates, cocaine (and metabolites), and benzodiazepines.

A lawyer at the firm Acumen Law, Kyla Lee, says they spent several days running various tests on the Dräger. While the device was able to detect the prescence of drugs, it is not able to differentiate between levels of intoxication.

Lee also reported that the firm found that the device registered many false positives as well.

If a subsequent urine test also shows a positive, drivers could be charged with driving under the influence. -Kyla Lee

The device also yielded false positives after the test patient had consumed coca tea—which resulted in a positive cocaine reading. The tests also showed that the machine is not able to tell the difference between THC and CBD, the non-intoxicating chemical found in cannabis.

“That’s so concerning, because in our legal system we have a zero-tolerance threshold for cocaine,” said Lee. “Any detectable amount of cocaine in your system means you’re guilty of a criminal offence.”

The poppy seed result is not without precedence, nor is it unique to the  
Dräger Drugtest 5000. It is well known among many who work in the addiction community that consuming poppy seed containing snack can lead to a false positive.

The Vancouver Police have declined to use the device, citing concerns about accuracy.

In Canada, people have a right to access legal representation immediately after being placed under arrest or in detention. However, during roadside testing, that does not apply, provided the test is issued on the spot.