A Navy Chief Petty Officer tested positive on random urinalysis test for codeine. He was taken to Captain’s Mast and found guilty. Subsequently, he retained the services of JAG Defense to represent him at his discharge board. During our investigation into the circumstances surrounding the test, JAG Defense discovered that our client consumed multiple poppyseed muffins prior to the urinalysis test. Traditionally, poppyseeds will cause someone to test positive for morphine, but not codeine. Working with an expert in forensic toxicology, JAG Defense discovered evidence that a new strain of poppyseed has been shown to make users test positive for codeine instead of morphine. At our client’s subsequent discharge board, the government expert from the DoD drug testing laboratory admitted on cross-examination that the laboratory had seen a recent uptick in codeine tests, and that this increase was likely due to this new strain of “codeine-heavy” poppyseeds being introduced into the U.S. market. The board voted unanimously that NO MISCONDUCT occurred and RETAINED our client. Following the board, JAG Defense petitioned the Commanding Officer to set aside our client’s Captain’s Mast in light of the evidence presented at the board. The Commanding Officer agreed, set aside the previously imposed Captain’s Mast, and restored all rights and privileges that had been negatively affected by the entire process.
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