Navy O-5 tested positive for d-amphetamine on a random urinalysis test and was processed for administrative discharge at a Board of Inquiry. JAG Defense fully investigated the circumstances of his positive urinalysis test, to include a review of the toxicology report from the drug testing laboratory. In doing so, we uncovered a number of important aspects of our client’s drug test result. First, the ration of d-amphetamine to l-amphetamine present in our client’s urine sample was 3:1, which indicated that the positive test result was due to a prescription medication, rather than a “street” amphetamine. Specifically, the ratio was entirely consistent with Adderall, a commonly prescribed medication for ADHD. Further, the d-amphetamine to l-amphetamine ratio was consistent with a recent use (within 12-24 hours), rather than a use that occurred many days earlier. This was particularly important because our client’s nanogram level was fairly low, so it ruled out the government’s argument that he had used a significant amount many days earlier and probably had a much higher level at some point. Armed with this information, we investigated our client’s actions in the 12-24 hours prior to his urinalysis test, which included his handling his wife’s Adderall medication on the morning of his urinalysis test. At his Board of Inquiry, we presented testimony from a forensic toxicologist to demonstrate that our client’s test result was entirely consistent with his accidental ingestion of some minute amount of his wife’s Adderall on the morning of the test collection. Result: By a vote of 3-0, the panel of O-6 officers found that our client had committed NO MISCONDUCT and RETAINED him in the U.S. Navy.
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