The Jacksonville Sheriff’s Office has stopped using a particular brand of cocaine field testing kits after more than a decade due to an investigation by one of their detectives which revealed the kits potentially give false positive results.

According to local news outlets in the area, the Jacksonville Sheriff’s Office issued a notice to all officers to immediately stop using the test kits after a detective learned that multiple over-the-counter medications caused the kits to show a positive reading for cocaine.

JSO officials issued a statement about the matter on Thursday and said they never had any previous reason to suspect any issues with Scott Company Field-Testing Kits and that results from the kits were pre-emptive, that is subject to more thorough lab testing after an arrest had been made.

“Many law enforcement agencies in Northeast Florida and across the country use and have used Scott Company Field-Testing Kits for Cocaine for many years without issue or incident,” a Sheriff’s Office statement said. “These kits were exclusively used as presumptive field tests, not for evidentiary purposes at criminal trials. JSO utilizes other test kits for other controlled substances.”

The Sheriff’s Office immediately informed all legal personnel in the area whose court cases may have been affected by bad results from the Scott Company Field Testing Kits. Prosecutors met with the Jacksonville Sheriff’s Office Wednesday to discuss the implications of what had happened.

“We immediately informed the Public Defender’s Office, Regional Conflict Counsel, the chief judge and local criminal defense bar of this development,” State Attorney’s Office spokesman David Chapman said. “We are conducting a thorough review of cases potentially implicated to determine what actions need to be taken moving forward to address this issue.”

CEO of the Scott Company, Ian Scott issued a press release about the situation on Friday, saying any claims that their tests were faulty were completely false and any media portrayal of the tests as anything but suitable for the purpose they were designed is due to a lack of understanding about how the tests work. 

“The implication that our A-2 Scott Cocaine Reagent Cocaine Residue Swab product is ‘faulty’ is inaccurate. The reagent test is not conceived, designed, manufactured, and/or sold in a manner that is deficient, unreliable or inaccurate,” the press release said. “Since its inception in 1974, the chemical reaction that makes the product function as intended has always done and will always do what it is designed to do – to detect the presence of cocaine, within the scope of the laws of chemistry that govern its reactions. While we strive to be fully transparent and respectfully acknowledge the limitations of the laws of chemistry that the product is subject to.”

The press release from the Scott Company went on to explain that their tests utilized reagents that react a certain way when in the presence of certain substances but it’s virtually impossible to test a reagent against everything that could possibly make it react because there are millions and millions of known chemicals. This is why their tests are meant to be used in the field paired with the arresting officer’s judgment and confirmed with further lab analysis later on.

“While presumptive testing is extremely reliable, faster, and less expensive than other methods of testing, it is possible (though unlikely) to receive a false positive result under certain conditions, when certain substances are introduced into the presumptive test,” the press release said. “We strongly advise the individual officer and appropriate agencies to use common sense and evaluate the totality of the circumstances before making an arrest.”

The Scott Company laid out a ten point summary of why false positives for cocaine against a laundry list of random over the counter medications was, in their view, not a scientifically sound approach to calling their tests faulty. They pointed out that there is not a single presumptive field test for cocaine of its kind that would provide a positive result for cocaine and only cocaine. The Scott Company also pointed out that the coatings on many of the medications used for testing could have provided a false positive result. 

“Additionally, please note that to date, no litigation, either against us, or involving the use of our products by our clients, has resulted in a decision for the plaintiff,” the press release said. 

The Jacksonville Sheriff’s Office had not yet responded to the Scott Company’s claims at the time this article was written. The Scott Company’s website claims their products are used by hundreds of law enforcement agencies nationwide.

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As a pair of cannabis legalization bills wind their way through the Minnesota state legislature, advocates are hailing the legislation as a common-sense approach to reforming marijuana policy. But the sheriff of a small rural county is asking lawmakers to consider the impact of legalization on law enforcement and urging caution.

The pieces of legislation, House File 100 and Senate File 73, would allow adults aged 21 and older to purchase up to two ounces of cannabis. Adults would be permitted to possess up to two ounces of cannabis in public and up to five pounds in a private residence. Adults would also be allowed to gift up to two ounces of cannabis to another adult. The bills also permit the home cultivation of marijuana, with adults allowed to grow up to eight cannabis plants, including up to four mature plants.

The bills, which are currently in the process of being considered by numerous legislative committees in both the House and Senate, also establish a framework for the regulation of commercial cannabis production, processing and sales. The legislation tasks a new Office of Cannabis Management with the licensing and regulation of cannabis businesses and contains provisions that permit cities and counties to own and operate government-run dispensaries. In addition to cannabis cultivators, processors and retailers, the bills authorize licenses for home delivery services and temporary permits for on-site consumption of cannabis products at special events.

The legislation also includes social equity provisions including automatic expungement of records of previous marijuana-related offenses. Additionally, social equity applicants for cannabis business licenses would be given bonus points during the application scoring process.

Travis Copenhaver, a partner at the cannabis law firm Vicente LLP, said that the proposed cannabis legalization legislation includes provisions designed to ensure the Minnesota adult-use cannabis market is not dominated by large companies and incorporates the experiences of other states that have legalized cannabis.

“Legalization is always a difficult time with many unanswered questions,” Copenhaver writes in an email to High Times. “Senate File 73/House File 100 would create 12 adult-use license types, each with the goal of preventing monopolization and ensuring opportunities created are for the benefit of Minnesota and its residents.”

“As these bills continue to move forward, Minnesota has the luxury of studying the successes and failures of other states in its region, as well as its own successful medical program,” he added.

County Sheriff Urges Caution in Minnesota

Sheriff Chad Meester of Lincoln County, a rural jurisdiction in the southwestern part of Minnesota with fewer than 6,000 residents, urged lawmakers and state residents to exercise caution in the drive to legalize marijuana. In a social media post cited by the Marshall Independent, Meester implored county residents to consider arguments both for and against legalizing marijuana.

“Basically, what I’m trying to inform the public and my constituents, there needs to be in the legislature some serious, serious consideration of the pros and cons,” Meester said.

“There are some serious concerns,” about legalizing marijuana, Meester said, adding that he is concerned about the potential for an increase in impaired drivers on the state’s roadways. He also acknowledged that deputies would have challenges determining if a driver is impaired by marijuana.

“We would need training, we would need resources to deal with that,” Meester said.

Meester called for “adequate fundraising” for law enforcement agencies to successfully transition to cannabis legalization. The sheriff also said that legislation should include funding to develop a roadside test for impairment, training for drug recognition officers and other public health and safety costs.

“For me, I would like to know how the experts weigh in on it,” wrote Meester.

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A Colorado logistics company is seeking the return of nearly $165,000 in cash seized by a Kansas sheriff’s department, arguing that the money is from legal marijuana sales and should not have been taken by law enforcement officers. The cash was seized from an employee of Empyreal Logistics during a traffic stop on May 18 in Dickinson County, Kansas after being collected by the employee from medical marijuana dispensaries in Missouri.

The U.S. Attorney’s office for Kansas filed a civil asset forfeiture case in the matter, claiming in court documents that the cash is subject to seizure because of alleged violations of federal laws against manufacturing and distributing drugs, according to media reports. The unidentified driver of the vehicle has not been charged with a crime, however.

Drug Enforcement Administration Special Agent Bryson Wheeler wrote in an affidavit filed in the forfeiture case that the approximately $165,620 was seized from a Ford Transit van owned by Denver-based Empyreal Logistics by Dickinson County Sheriff’s Deputy Kalen Robison during a traffic stop along I-70. Robison had also pulled the van over the day before for a minor traffic violation. 

During the first traffic stop, the driver told the deputy that she was collecting money from cannabis dispensaries in Kansas City, Missouri, and transporting the cash through Kansas to a credit union in Colorado. Missouri legalized medical marijuana in 2018 through a voter-approved constitutional amendment, but Kansas is one of the few remaining states that have no provisions for legal cannabis. 

The driver was released and put under surveillance by DEA agents, who observed her “stopping at and entering multiple state marijuana dispensaries” in Missouri. The day after the initial traffic stop, Robison pulled the van over again along the interstate. The reason for the second traffic stop is not included in the affidavit, according to the Topeka Capital-Journal.

During the traffic stop on May 18, law enforcement officers seized five bags of cash, which the driver claimed were from cannabis dispensaries in Missouri. A police canine unit later “alerted to the odor of marijuana coming from the currency,” the DEA agent wrote, and “marijuana is a controlled substance and illegal under both federal and Kansas state law.”

Attorneys for Empyreal Logistics argued in court documents that the seized cash should be returned to the company, disputing claims from federal prosecutors that the money was related to drug trafficking and subject to forfeiture.

“Plaintiff’s claims should be barred as the conduct which generated the Defendant property was lawful under Missouri state law and tacitly or affirmatively allowed by the action of the United States Federal Government,” the company’s lawyers wrote.

Perils of a Cash-Based Industry

The Empyreal case illustrates the difficulties faced by state-legal cannabis businesses, which are forced to operate mainly in cash because of federal drug and money-laundering laws. On its website, the firm promises to address the challenges of operating in a cash-only industry with solutions including “low-profile, eco-conscious, armored vehicles.”

“With our state-of-the-art facilities, secure currency processing, and management services, we safely and securely manage the cash assets of hundreds of enterprises across multiple industries so they can concentrate on managing their operations,” the company wrote in a press release unrelated to the asset forfeiture case. “Empyreal uses data and intelligence tools to help maximize our cash solution, with the goal of changing the way clients think of secured transport.”

Arshad Lasi, the CEO of cannabis dispensary operator the Nirvana Group, says that many of the cash-handling issues faced by the cannabis industry could be solved with passage of the SAFE Banking Act, legislation that would allow financial institutions to provide traditional banking services to state-legal marijuana businesses. Provisions of the bill were included in a military spending bill passed by the House of Representatives in September, but the Senate has not yet approved the legislation.

“Providing licensed cannabis businesses with the opportunity to bank in a traditional manner and not be limited to dealing in cash is crucial,” Lasi wrote in an email. “Banking allows companies to remain compliant, helps them avoid liabilities, among other benefits including safety and security.”

“I’m hopeful that the SAFE Banking Act will pass in the Senate, as its passage will also boost the cannabis industry’s reputation as a legitimate and major player in states’ economies,” Lasi added.

Lex Corwin, founder and CEO of California cannabis cultivator Stone Road, said that forcing legal cannabis companies to operate on a cash-only basis is “ridiculous and harmful” and called on lawmakers to pass the legislation.

“The SAFE Banking Act would give an already legal industry the legitimacy it needs and that it’s honestly due, especially since the government has no issues collecting said cannabis businesses’ money in cash,” Corwin told High Times. “Cash dealings are also a huge liability and personal safety issue––the biggest instances of injury and death are around cash pickups and dropoffs, ultimately putting people trying to play within the legal system in harm’s way.” 

U.S. Magistrate Judge Kenneth Gale has set a scheduling hearing in the Empyreal asset forfeiture case for January 4. The DEA national public affairs office and a spokesperson for the U.S. Attorney’s Office for Kansas declined to comment on the case to local media, citing the pending litigation.

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