The United States Food and Drug Administration (FDA) is currently reviewing a petition from the nonprofit organization, Harmed Americans for Reform in Medical-Device Safety (HARMS), regarding the reliability of a marijuana drug testing device created by Psychemedics Corporation. The device in question is said to detect cannabinoid metabolites in human hair, and HARMS has raised issues concerning its potential misuse in employment and law enforcement contexts.
According to HARMS, the main concern is that the Psychemedics device may not provide accurate evidence of an individual’s marijuana use, as it only detects the presence of cannabinoid metabolites and does not differentiate between direct marijuana consumption and exposure to secondhand smoke. In their October 17 press release, HARMS spokesperson Hooman Noorchashm emphasized, “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,’ as the label implies.”
Existing Marijuana Testing Methods
Unlike hair testing, more conventional marijuana tests typically utilize saliva, urine, or blood samples. These methods are known to more definitively establish past cannabis use because they measure the presence of THC metabolites, which are the active compounds responsible for marijuana’s psychoactive effects. However, the main issue with hair-testing, according to the HARMS petition, is the challenge of ‘external contamination.’ Cannabinoid metabolites can be deposited in hair not only from direct consumption but also through environmental exposure, such as secondhand smoke.
HARMS’ call to action specifically requests that the FDA exercise its regulatory authority to amend the device’s marketing and labeling. This measure aims to prevent any misunderstanding or misapplication of the device’s results in various settings, such as employment screenings and insurance assessments.
Potential Implications for Employers and Law Enforcement
The petition’s concerns emphasize the device’s current usage among employers and law enforcement agencies at the federal, state, and municipal levels. If used under the incorrect premise that a positive result definitively indicates personal marijuana use, individuals could face unjust consequences based on potentially misleading test outcomes. HARMS argues that without updated labeling and clear guidance from the FDA, the device’s results could lead to unintended harm to individuals subjected to hair drug tests.
FDA’s Response and Future Directions
The FDA has acknowledged receipt of the petition. While they have not released an official statement regarding the potential actions they may take, the agency’s consideration of this petition underscores the growing attention to cannabis-related drug testing accuracy and fairness. It remains to be seen what steps, if any, the FDA will take to address HARMS’ recommendations for labeling changes.
The petition and its implications come amidst ongoing national conversations about marijuana legalization and the reevaluation of cannabis use laws. As more states decriminalize or legalize marijuana, the methods and policies for accurately testing for and defining marijuana use continue to be a topic of significant interest and debate.