The Food and Drug Administration (FDA) is currently reviewing a petition that questions the accuracy and efficacy of a hair-testing device used to detect marijuana metabolites. The petition, submitted by the nonprofit group Harmed Americans for Reform in Medical-Device Safety (HARMS), is calling attention to the potential “significant harm” that could arise if employers or law enforcement mistakenly rely on this device to prove cannabis use rather than mere exposure.
Founded by experts from Northeastern Law and Tufts Medical Center, HARMS advocates for medical device safety across various sectors, including cannabis. The group’s concern centers around a particular device manufactured by Psychemedics Corporation. According to HARMS, the current labeling of the device implies that it can identify marijuana use, when in fact, it merely detects the presence of cannabinoid metabolites in hair samples.
Hooman Noorchashm, a representative from HARMS, emphasized the need for revised labeling to accurately reflect the device’s capabilities. “Our petition requests that the FDA require clearer labeling to specify that the device can be used to detect only the presence of cannabinoid metabolites in hair and cannot be used for ‘identifying marijuana use,’” Noorchashm stated in an October 17 press release.
Concerns Over Misinterpretation
Hair testing for marijuana metabolites poses unique challenges compared to more traditional methods such as saliva, urine, and blood tests. Unlike these conventional tests, hair samples can produce positive results from secondhand smoke exposure, making it difficult to definitively prove marijuana consumption. HARMS has urged the FDA to utilize its regulatory authority to amend labeling guidelines to highlight this limitation.
The Psychemedics device is used in various contexts, including employment, insurance, and law enforcement investigations. “Cannabinoid metabolites are detectable in hair in both purposeful use and in the case of inadvertent exposure,” states the HARMS petition, which the FDA has acknowledged receiving. This means that while hair tests can indeed detect cannabinoids, they cannot confirm marijuana use definitively due to the possibility of external contamination.
Implications for Employment and Law Enforcement
The stakes are particularly high given that the device is marketed for identifying marijuana use in critical areas such as employment screening and law enforcement. A misinterpretation of the test results could have significant repercussions, including wrongful job termination or legal action based on unreliable data.
As the FDA considers HARMS’ petition, the debate highlights a broader question about the reliability and application of substance testing technologies, especially as attitudes towards cannabis continue to evolve in the United States. Different states have varying regulations on cannabis use, which further complicates the issue.
While other standard THC tests have the capability to demonstrate past marijuana usage more definitively, hair tests require a nuanced understanding of their limitations. Until these devices’ labeling is accurately revised, the possibility remains that they could lead to erroneous conclusions about marijuana use, affecting individuals’ lives adversely.
The ultimate decision from the FDA could set a critical precedent for how new testing technologies are regulated and deployed, particularly those related to drug testing in sensitive contexts.