Legality of the Drug testing kit results


The drug test results from instant drug test kits might not be admissible in court and some government agencies. But as far as concerned, most private agencies and some government organizations prefer conducting their preliminary drug test using instant drug testing kits. They may prefer lab results during false-positive results.

What are drug test kits?

Drug test kits help the employer or tester to determine the presence of certain illegal drug traces in your system. The employers use drug test kits only during certain occasions that include

  1. Pre-employment
  2. Probation
  3. Post-Accident
  4. Random drug testing
  5. Suspicion

As per the Department of Transportation (DOT) guidelines, all employers who hire for safety-sensitive positions like transportation might conduct drug testing before and during employment. Most public and private agencies prefer conducting 5-panel drug tests to cover all the major abusive drugs in the United States. But it is up to the employer to decide the type of drug test and the panel as per their company policies. It can also depend on the state’s drug testing laws.

What do drug testing kits look for?

It is based on the panel you choose. A 5-panel drug test kit can look for five major drugs – THC, COC, PCP, OPI, and AMP.

If it is a 10-panel, then the kit may read for ten drugs and so on. Nicotine drug testing kits and EtG alcohol drug testing kits are used to determine the alcohol hair test consumption in your system.

Cut-off levels – The drug testing kits function on the basis of cut-off levels. Cut-off level is the limitation point that separates the positive from negative. The manufacturer of the drug test kit sets the cut-off levels as per the guidelines of the NIDA. If the consumption levels exceed the cut-off levels, you test positive for that particular drug.

Are the drug testing kit results considered legal for government agencies?

Most government agencies and Non-DOT organizations prefer instant drug testing kits for conducting preliminary drug tests during employment and employees during their random testing. If there is suspicion on the test results, or if any false positives occur, the results could be sent to the lab for confirmation.

Are the drug test kit results considered legal in court?

The courts consider hair drug tests and accept them during child custody cases and family law cases. But they consider this as evidence, not as proof. There are four reasons why courts consider hair drug tests. They are

  1. The science in the hair strand drug test is well-established and highly confidential
  2. Hair tests are cheat-proof and can identify the drug traces for a more extended period (90 days)
  3. The positive result above the cut-off level is reliable, and hence it can be taken as evidence.
  4. Sequential testing of sections can detect the presence of drug metabolites in hair drug testing.

The results of hair drug testing kits cannot be admissible in court. They need results from the lab to consider the result as evidence.

But many employers and private agencies prefer high-quality drug testing kits to conduct their drug testing because of various benefits.

Benefits of Drug Testing kits for the employer

  1. Saves time – Drug testing kits offer instant results within minutes, and you can complete your drug test for your entire batch within a short period.
  2. Cost-Efficient – Lab-based drug testing is expensive, and the best choice for cost-efficient drug testing is using drug testing kits.
  3. Accuracy – Drug testing kits produce accurate results within minutes. Make sure that you choose high-quality drug testing kits from a trusted online store.

Final words

From the Legality perspective, it is clear that drug test kits might not be a viable option. Still, huge organizations and reputed companies prefer drug testing kits for pre-employment and random drug testing kits.

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