The Marijuana Detection Window - National Drug Court Institute

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NATIONAL DRUG COURT INSTITUTEA 2001 research project by Reiter et al. alsoseemed to avoid many of the design issuescited as concerns in Table 1. Reiter’s casestudy involved 52 volunteer chronic substanceabusers drug tested on a detoxification ward.Daily urine and blood tests excluded illicitdrug consumption during the study. Using a20 ng/mL immunoassay cutoff, the maximumelimination time (last time urine tested abovethe cutoff) for cannabinoids in urine was433.5 hours (or just over 18 days); with amean elimination time of 117.5 hours (4.9days). When controlling for covert marijuanause by subjects during the study, chronicusers in this study did not exhibit detectableurine cannabinoid levels for even three weeks.In aggregate, using the data from the fivestudies cited in this review that researchersdescribed as chronic marijuana users (evenincluding data from Table 1), the averagedetection window for cannabinoids in urine atthe lowest cutoff concentration of 20 ng/mLwas just 14 days (Ellis, et al, 2002; Iten, 1994;Niedbala, 2001; Schwartz, Hayden, & Riddile,1985; Swatek, 1984).PERPETUATING THE 30-PLUSDAY ASSUMPTIONThe assumption that cannabinoids can be routinelydetected in urine following the smokingof marijuana for 30 days or longer appearswidespread and longstanding. Exacerbatingthis problem is the nearly constant proliferationof published material that continually reinforcesthe 30-plus day cannabinoid detection windowinto the criminal justice psyche. Examples ofthe enormous body of information/literaturethat propagates the 30-plus day cannabinoiddetection times abound:• Substance abuse treatment literature proclaimingthat “some parts of the body stillretain THC even after a couple of months.” 2• Drug abuse information targeted toward teensthat often presents unrealistic cannabinoiddetection times such as; “Traces of THC canbe detected by standard urine and blood testsfor about 2 days up to 11 weeks.” 3• Criminal justice publications that list thecannabinoid detection limits of a “ChronicHeavy Smoker” as “21-27 days.” 4• Drug testing manufacturers’ pamphletsthat state the time to last cannabinoidpositive urine sample as “Mean = 27.1 days;Range = 3-77 days.” 5• General information websites that offer“expert” advice concluding, “The averagetime pot stays in your system is 30 days.” 6• Urine tampering promotions in magazinessuch as High Times and on websites thatoffer urine drug cleansing supplements andadulterants intended to chemically mask thepresence of drugs in urine often exaggeratethe detection window in an effort to promotethe continued use of their products. Some oftheir claims include: drug detection times inurine [for] “Cannabinoids (THC, Marijuana)20-90 days,” 7 and detection times for smokerswho use “5-6x per week—33-48 days.” 8• Health information websites that provide thefollowing guidance; “At the confirmation levelof 15 ng/ml, the frequent user will be positivefor perhaps as long as 15 weeks.” 9• Dr. Drew Pinsky (a.k.a. Dr. Drew), who hasco-hosted the popular call-in radio showLoveline for 17 years, states that “Pot staysin your body, stored in fat tissues, potentiallyyour whole life.” 10Based upon these information sources thatclaim cannabinoids elimination profiles of 25days, 11 weeks, 90 days, up to 15 weeks afteruse, and for “your whole life,” is it any wonderthat drug court professionals cannot reachconsensus on this issue? Is there any doubtwhy drug court clients make outlandishcannabinoid elimination claims in court? Theserepresent but a sampling of the many dubioussources that perpetuate the prolonged cannabinoiddetection window. As a consequence,the 30-plus day cannabinoid elimination periodremains a commonly assumed “fact.”ESTABLISHING THE CANNABINOIDDETECTION WINDOW IN URINEThe detection window for cannabinoids inurine must be seen in the proper context—as a reasonable estimate. Detection timesfor cannabinoids in urine following smokingvary considerably between subjects even in8
DRUG COURT PRACTITIONER FACT SHEETcontrolled smoking studies using standardizeddosing techniques. Research studies have alsodemonstrated significant inter-subject differencesin cannabinoid elimination rates. Thetiming of marijuana elimination is further complicatedby the uncertainty of the termination ofuse and continued abstinence. That said, generalestimates for establishing a cannabinoiddetection window in urine can be advancedand accepted for use in drug courts. Basedupon the current state of cannabinoid eliminationknowledge and the drug testing methodsavailable in today’s market, the following practicalcannabinoid detection guidance is offered.Based upon recent scientific evidence, atthe 50 ng/mL cutoff concentration for thedetection of cannabinoids in urine (usingthe currently available laboratory-basedscreening methods) it would be unlikely fora chronic user to produce a positive urinedrug test result for longer than 10 days afterthe last smoking episode. Although there areno scientific cannabinoid elimination studieson chronic users using non-instrumentedtesting devices, one would assume that ifthe on-site devices are properly calibratedat the 50 ng/mL cutoff level the detectionguidance would be the same.At the 20 ng/mL cutoff concentration for thedetection of cannabinoids in urine (usingthe currently available laboratory-basedscreening methods) it would be uncommonfor a chronic marijuana smoker to producea positive urine drug test result longer than21 days after the last smoking episode.For occasional marijuana use (or singleevent usage), at the 50 ng/mL cutoff level,it would be unusual for the detection ofcannabinoids in urine to extend beyond3-4 days following the smoking episode(using the currently available laboratorybasedscreening methods or the currentlyavailable on-site THC detection devices).At the 20 ng/mL cutoff for cannabinoids,positive urine drug test results for thesingle event marijuana use would not beexpected to be longer than 7 days.This cannabinoid detection guidance shouldbe applicable in the majority of drug courtcases. These parameters (acute vs. chronic),however, represent opposite ends of themarijuana usage spectrum. Clients will oftenexhibit marijuana-smoking patterns betweenthese two extremes resulting in an actualdetection window that lies within these limits.As noted in the Kouri, et al, study, researchsuggests that under extraordinary circumstancesof sustained, extended and on-goingchronic marijuana abuse (thousands ofsmoking episodes over multiple years)that 30-day urinary cannabinoid detection ispossible in some individuals at the 20 ng/mLcutoff (1999). However, the burden of prooffor documenting such aberrant and chronicmarijuana use patterns should fall on the drugcourt client or the client’s representatives.For a client to simply disclose “chronic” use isinsufficient corroboration.Much has been made about marijuana researchthat has produced dramatically prolongedcannabinoid elimination times, particularly inthose subjects identified as chronic. This datahas often been used to explain continuingpositive cannabinoid test results in clients longafter their drug elimination threshold (resultingin negative urine drug tests) should have beenreached. The pertinent question: to whatextent does the scientific data (demonstrating30-plus day cannabinoid detection times inchronic users) influence the disposition ofdrug court cases? Put another way, do drugcourt practitioners need to be concernedabout the potential of extended cannabinoiddetection times impacting court decisions(i.e., sanctions)? In reality, the only timeframein which an individual’s chronic marijuana use(possibly leading to extended cannabinoidelimination) is relevant is during a client’sadmission into the drug court program. It isduring this initial phase that the court mayfind itself attempting to estimate the numberof days necessary for a client’s body to riditself of acquired cannabinoid stores and thetime required to produce negative drug testresults. In many programs, a detoxification9
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