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SOFT 2004 Meeting Abstracts - Society of Forensic Toxicologists

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M32 <br />

LEGAL ISSUES OF ADDICTION AND HAIR TESTING FOR DRUGS OF ABUSE<br />

Aristidis Tsatsakis*, Manolis Savvopoulos, Joanna Dialyna, Manolis Tzatzarakis, and Eleftherios Pallis<br />

Center <strong>of</strong> Toxicology Science and Research, Department <strong>of</strong>Medicine, University <strong>of</strong> Crete, Greece.<br />

Aim: The purpose <strong>of</strong>this paper is to present legal issues <strong>of</strong> addiction and hair testing results regarding to the<br />

service <strong>of</strong> Law in Greece.<br />

Methods Legal Part: Details (such as the process, the decision and the competence <strong>of</strong> the Court, the<br />

police record, the indictment, the expert reports, the defendant's individuality, the crimes and the penal<br />

confrontal and many others) from legal cases related to addiction and its judicial verification were collected<br />

and analysed.<br />

Methods - Laboratory Part: Laboratory data <strong>of</strong> cases concerning the laboratory evaluation <strong>of</strong> addiction in<br />

drug users and also occasionally the legal course <strong>of</strong> cases with addict defendants are presented. In four<br />

representative cases segmental hair analysis proved that as long as the individuals were imprisoned findings<br />

with drug substances corresponding to that period were lesser or practically absent comparably with<br />

samples corresponding to the time out <strong>of</strong> prison, which proved increased drug abuse.<br />

Results: Hair analysis provides information on chronic exposure rather than acute poisoning. Its detection<br />

window varies from some days to months or even years and the length <strong>of</strong> the hair is the only limit. The<br />

procedure that the Law lays in many cases is insufficient and in most cases unable to be abided by. Details<br />

about the addicted person's pr<strong>of</strong>ile are presented. Our study presents that the segmental hair analysis<br />

method is a subject <strong>of</strong> growing interest for drugs <strong>of</strong> abuse because it provides information on chronic<br />

exposure to the drug and the drug history pr<strong>of</strong>ile <strong>of</strong>each subject<br />

Conclusions: Although hair testing for drugs <strong>of</strong> abuse is not specially referred by any law, Greek Courts<br />

accept the method for the final conclusion about the defendant's claim <strong>of</strong> addiction. Segmental hair<br />

analysis may be the only tool to prove this claim, not only when the medical examiner is not able to decide<br />

about defendant's addiction and it's severity but also in cases where the time period <strong>of</strong> drug abuse is to be<br />

defined.<br />

Keywords: Addiction, Legal and Judicial Issues, Segmental Hair Testing.<br />

Page 315

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