Have you ever heard that eating poppy seed bagels for breakfast can actually trigger a positive drug test? It sounds like an urban legend—drinking soda while eating Pop Rocks will kill you; swallowed chewing gum stays in your stomach for seven years; the “five-second rule” means that any dropped morsel of food will magically remain germ-free if only you grab it quickly enough.

In the case of poppy seeds and positive opiate screens, however, the legend is true—and several people have won settlements on that basis. Let's take a closer look.

Are Drug Tests Going the Way of the Dinosaur?

In recent years, the number of employers who drug test either as a condition of the job offer or as a condition of ongoing employment has been dropping. In fact, a 2019 analysis of pre-employment drug screening found that fewer than 2% of all private-sector companies in the US required such screens. It's likely that this figure is now even lower, given the pandemic's significant effect on the employment landscape.

One major reason that drug testing is falling out of favor is the increasing number of American states where the use of cannabis—whether medical or recreational—is now legal. At best, it's tricky to test for substances that at least some people can legally access and consume. At worst, it could be a significant violation of civil liberties.

Nevertheless, the statistics about mandatory drug testing don't mean a thing to an individual who's facing such a test—or who has taken one that resulted in the rescinding of a job offer or a termination of employment, even though they do not use illicit drugs.

Another Possible Outcome of Poppy seed-Related Positives

Of course, human resources departments aren't the only place where drug testing takes place. Two women in NJ recently learned this the hard way, according to the American Civil Liberties Union.

Both women had consumed poppy seed bagels prior to giving birth at two different maternity wards; both were drug tested during their hospital stay, and both tested positive for opioids—as poppy seeds come from the same family as morphine and codeine. The hospitals then reported the women to social service agencies over concern for their newborns' health.

Now, the ACLU has filed suit against the medical centers on behalf of the two mothers.

There are many other similar tales, the details of which vary, but that all teach the same basic lesson: be careful what you eat when you are going to be screened for drug use.

If it Happens To You

Of course, not every person who has snacked on a lemon-poppy seed muffin or other pastry would test positive for heroin or other opioids. It depends on the sensitivity of the test, as well as the amount of the food eaten. So there's no reason to entirely forgo your favorite breakfast. Just be mindful of what you eat when your potential employer or other agency is administering a drug test.

However, in the event that this unfortunate occurrence does happen to you, know that there is recourse available. If you are facing adverse results after a drug test, the next step is to contact Attorney Joseph D. Lento.

He and his Criminal Defense Team are prepared to fight for your future, doing whatever it takes to achieve justice. Find out more by calling 888.535.3686 or clicking here.