Has anyone had a positive drug test in Pennsylvania

bri2208929 · June 2015

I tested positive for thc yesterday. I stopped smoking the day I found out I was pregnant. It has been more than six weeks ago and I'm twelve weeks along now. I'm not sure why I'm still testing positive other than I'm over weight and it's stored in fat cells. My midwife told me I need to test negitve next time. Does anyone know what happenes if I don't test negitve. I can't imagine my baby would test positive after such a long time. I'm still scared to death. Any information would help. Please no bashing I have not knowingly smoked while pregnant and I used pot to help with anxiety attacks not to party. Thanks

fragglemom · June 2015

That seems like a long time to have it still be in your system. Are you making sure to avoid being around anyone who's smoking? I have a friend who has frequent drug testing at work and has to immediately remove herself if she even smells it in the vicinity. Your widwife should be a resource for you on this since each state has varying laws, but it's possible that she's required to contact DCFS after multiple failed tests.

slstickn84 · June 2015

Also, it's illegal for them to drug test you without your consent. Don't give them consent for drug testing:

https://abcnews.go.com/US/story?id=93769

katiedid0907 · June 2015

If it was just a urine test that does seem like a long time and I don't imagine you would test positive the next time. Blood tests can typically detect use over much longer periods (months).

Lljbean · June 2015

Is there a reason they are even drug testing you? Was it through work or through the doctors? Doctor's office don't usually drug test you unless it is an ordered test to do and they typically have to have a reason. AKA work related.

slstickn84 · June 2015

If you deny testing now, they can't legally do anything unless they get a warrant. Since they didn't have a warrant the first time they tested you, they can't do anything with those test results. The next time you go in, ask to see which tests are being ordered for you and decline any drug screening.

I'd also maybe let them know that you are aware that their policy of testing you for drug use without your consent wasn't legal and direct them to the supreme court case saying so. They may decline to be your healthcare provider, but frankly I wouldn't want to be working with a healthcare provider that operates in that fashion.

mg137 · June 2015

You need to talk to an attorney. An attorney can advise you about refusing testing, what to do to make sure your positive test isn't a problem, and what to do if a future test is positive, etc. I am not a PA attorney and know absolutely nothing about PA law but I think you'd be crazy not to talk to one. If money is an issue Google for free legal clinics or call attorneys, ask how much an initial consultation is, and if it's too much tell them you can't afford it and can they help you find free or cheap legal resources. A lot of lawyers will at least give you a little info over the phone. They might say you don't need to come in at all, but you should definitely ask.

Again, I don't know anything about the law but what you don't want to have happen is you run afoul of it and you didn't do something that could have completely changed the outcome, like going to NA meetings or something.

Hopefully, though, anyone looking at this will know thc can stay in your system a long time and will just want to see that the levels don't rise and that they eventually go away.

As a side note please make sure your anxiety is under control during and after your pregnancy.

Good luck with everything!

ainverso · June 2015

I am not sure about Pennsylvania but in my state, djfs would get involved in the case with a failed drug test. The doctor will monitor through pregnancy and if it is in ur system again have grounds for an open case. Usually u just have to work a case plan and show u have stopped use and the baby is safe.

Paige6410 · June 2015

I would switch doctors and take PP advice about an attorney. You cannot be drug tested without your knowledge or consent.

EmberMoon · June 2015

When I lived in Florida the same thing happened to me. I did not consent nor was I using after learning I was pregnant. At my first appt they pulled me aside and lectured me and I was told it was routine to test for drugs. If I tested positive at birth they had cause to remove my child. I was furious and luckily we moved out of state shortly after. There's no way I would have tested positive at birth or at any time in my pregnancy as I was not and have not since used, but just having that threat caused a lot of unnecessary anxiety.

EC2016 · June 2015

Depending on how much and how frequently you used prior to pregnancy it can stay in your system for a long time. I do work for a contracted agency under DCF in Florida and they would only open a case if you or the baby tested positive at birth. And here they have not even been removing for opiates or benzos and pretty much have said they really don't care about THC. So just keep up the good work on staying off of it and you will be fine. Although I would consider a new doctor if they are testing you without consent.

myliitlefairygarden · June 2015

slstickn said:

If you deny testing now, they can't legally do anything unless they get a warrant. Since they didn't have a warrant the first time they tested you, they can't do anything with those test results. The next time you go in, ask to see which tests are being ordered for you and decline any drug screening.

I'd also maybe let them know that you are aware that their policy of testing you for drug use without your consent wasn't legal and direct them to the supreme court case saying so. They may decline to be your healthcare provider, but frankly I wouldn't want to be working with a healthcare provider that operates in that fashion.

I agree there is no way I would stay with this practice. If this is how they treat there patients how can you possible trust them to deliver your baby and honor your wishes?

mke779 · June 2015

They can absolutely do a urine tox without consent, in fact it's the nurses discretion on my L&D unit. Hiring an attorney is getting a bit carried away in my opinion. I don't understand how it's still positive after all that time?The OBs on my unit will place a note in the pts chart that they had a positive tox early in the pregnancy, but as long as they're all negative after that you should be ok. The worst that might happen is you might have a social work visit in the hospital. I'm totally not judging either, I drank before I found out.

BethP321 · June 2015

I was an avid smoker for two years. I'm very teeny tiny and it still took over a month and a half for it to be completely out of my system. At your next appointment ask your midwife/doctor where the consent came from, because you obviously didn't knowingly give it to them. They cannot legally drug test you without your consent or without an arrest or etc. If you do not like this doctor, then what's stopping you from finding a new one? I understand that there are not any within 40 miles of your home, but my doctor is over an hour's drive each way. You are still early enough in this pregnancy. You need to ask these questions and find out if something sneaky is going on or not.

MollyA1011 · June 2015

I think some people here are forgetting the primary reason all tests are performed which is to care for you as a patient. It's not to pass judgement. It is to care for you as a patient, and if there were drugs found in your system then it is a providers duty to educate you on certain subjects. I would be more worried about a physician who blew it off? I think it's kind of extreme to run to another doctor. They are just doing their job. I've never heard of needing a consent for a drug test either. Drug testing is a part of your care and if anyone tests positive a physician medically caring for you has a right to know.

mg137 · June 2015

You guys, 4th amendment protects you from government action, not private action. The constitution has absolutely nothing to do with whether or not a private party can drug test you. And whether or not information a private party obtains can be used by a government agency when it would have been illegal for the government to obtain it itself is complicated. There are certainly laws about what a doctor can do without consent but those vary by state.

I'm telling you, if you're worried you should call a lawyer. Just ask if there's anything you should be concerned about and, if so, what you can do about it. Everyone's saying it's too soon but I don't think they understand that the whole point of talking to a lawyer now is to keep yourself from getting in a sticky situation. If you're concerned now, talk to a professional. If you're not concerned, great. But if you are, don't wait until things are serious.

If your midwife has been through this a lot before and/or you can find information on your own to make yourself feel better, great. If not, call a local lawyer. Hopefully someone will talk to you for free for a few minutes. Many will and that's prob all you need.

Jaylin85 · June 2015

A little advice from the Child Protective Services perspective:

1. The government cannot give you a drug screen without your consent, BUT this does not apply to private medical providers. There is usually a state by state policy (or by hospital system) that lets you know what their expectation is in regards to drug screens. Generally they just need a general consent for a urinalysis and this includes the drug testing as well as other testing for protein and sugar in urine, etc.

2. CPS in most states will usually not even screen-in a report where the only concern is maternal THC use in the first trimester. Ohio doesn't screen a report in for THC use unless the infant tests positive at birth. This is highly unlikely if you don't use the rest of your pregnancy.

3. If you want to be proactive, take a THC education class now and tell your midwife about it. It will look great if you've already sought treatment.

4. Lastly, feel free to consult an attorney. But, CPS is going to be more concerned if you had one positive test and then refused all of the rest than they would be if you were to have one or two positives at the start and negatives the rest of your pregnancy.

Hope this helps! Good luck.

Hrc724 · July 2015

I live in Pa and I don't think they can take your baby if you test positive for drugs. An org I am involved with bought vibrating chairs for the hospital nursery for the heroin babies born addicted and when I asked where the babies were placed I was told they went home with their moms. So if they are sending babies home with moms who actively used heroin during pregnancy in PA, I'm going to assume that you won't have any issues being that you use marijuana for medicinal purposes and didn't during pregnancy.

Lljbean · July 2015

Lljbean · July 2015

So was your extremely helpful and in no way asinine comment. So, we'll call it even.

l4rk · July 2015

CupcakesRamazing said:

So was your extremely helpful and in no way asinine comment. So, we'll call it even.
But it was helpful. Had OP not broken the law anD done drugs, she wouldn't have to worry about this. I don't feel sorry for people who break and law and do stupid things and then want to know how everything will be okay. She is reaping what she sowed.

Laws are always changing... Just because something is law, doesn't mean it's right. A woman is looking for love and support. If you can't give that to her--and you obviously can't--then it's best you just move along to another thread.

mg137 · July 2015

Maybe she was smoking legally in a state with legal recreational and/or medical marijuana. You don't have any way of knowing if she broke any laws.

Your comment was rude, and as pp said, asinine. It has nothing to do with telling op what she wants to hear. I told her she should talk to a lawyer which I'm guessing she didn't want to hear. But she asked for advice so I and others gave it. You were just rude and judgmental without knowing anything about her or helping her at all.

paigeyferd · July 2015

Your comment is not helpful, because to my knowledge, no one has developed the technology to go back in time and undo mistakes. Pointing out that she could have avoided this by not smoking 12 WEEKS AGO isn't something that helps her in any way. Say what you want to say about her choice, but I wish you wouldn't say you were trying to help her,,, unless you were trying to help her feel bad.

bri2208929 · June 2015

I did not give consent. I'm worried if I deny test now I will just make things worse. I am not around anyone smoking. I was a long time user. Things I have read have said it could take 4 to 6 months to leave my system.

bri2208929 · June 2015

They had no reason to test me. I have never been in trouble with the law or had any cps cases. They did a pee test and did not test levels just positive or negative.

bri2208929 · June 2015

I live in a very small town. There is only one obgyn within 40 miles.

marmar32 · June 2015

They can't test you without consent. When you filled out the initial paperwork did you see the form for if you don't pass drug or alcohol tests that you will be referred to rehab. The state is strict. You should contact a lawyer.

l4rk · June 2015

THC can be detected in the urine of of heavy users for about 2 months. It's other forms of tests, like hair sampling, that can be detected for longer. As long as you've quit all forms of marijuana and your next test is another month or so away, you don't have anything to worry about.

Edit: clarification.

mke779 · June 2015

See comment below...

raychelmarie33 · June 2015

From my experience in the past working in L&D the mother can refuse any sort of drug test at any point throughout the pregnancy and at birth. However consent is not required to test the baby at birth and if there are any positives it's reported to the state and then there may be some issues or follow up from there.
I don't know how long it can stay in your system, I've read it's up to 60 days, but i would imagine if they're just doing urine tests it should be out of your system by your next visit. Good luck!

amargaret24 · June 2015

Perhaps if she is the only OBGYN within 40 miles she sees both unfit and fit moms so she tests out of caution. She might have just been trying to "scare" you. I'm sure (but not positive) it could be her standard protocol to test for drugs along with STDs, UTIs, hormone levels etc. Like PPs said, confirm what the pee test is regarding next time.

aphilli8 · June 2015

It depends on the state and your insurance whether they can drug test you without your consent. Doctors offices aren't ignorant when it comes to patients rights, so I doubt they knowingly broke the law to randomly drug test a patient. I'm assuming they have every right to, but if you want to double check with an attorney then it wouldn't hurt to call. Did you ask what would happen if you tested positive again? I would just call and ask so you don't have to play the guessing game on the internet. Some answers you find will just bing unnecessary stress. Good luck.

DaphneMoon1 · June 2015

In the state of KY (and I believe OH) all laboring moms are drug tested when they come in. No consent is obtained.

I think switching providers or talking to attorneys is a little early. Talk to your midwife, explain what you did to us. She is not there to judge you and believe me you are not the only one today she's had this conversation with. If you tell her you quit smoking when you found out, she will say great- good for you. And when your next test is negative there will be no problem.

For the record, when social work gets consulted for a positive drug screen- they come in and talk with you and it's not an automatic- child is removed. We have plenty of moms actively using heroin who deliver and take their baby home in our hospital.

I'm not saying I agree with that, but NO social worker is going to be concerned about smoking pot before you were pregnant. You sound like you are making the right choices. Keep doing that and explain you situation when questions are asked.

bri2208929 · June 2015

Thanks for all the advice!!

emzie54 · June 2015

If I'm remembering correctly, and am reaching back to a college class here, the Supreme Court ruled that drug testing pregnant women without their consent constituted an illegal search and seizure. It was a case out of South Carolina, I believe. Your 4th amendment right to privacy was violated, unless you somehow unwittingly consented to the drug test. If you did consent then as mandated reporters they are obligated to report to Child Protective Services, if drug use during pregnancy constitutes child abuse. I'm not sure if it does constitute abuse or not in PA.

Do you have copies of the paperwork you signed? Did you read it closely?

KeriannePittman · June 2015

They can legally test you without your knowledge, but you have the right to decline the test. I'd seek out a new midwife and decline the drug test. As a person who also struggles with anxiety, and treated it pre-pregnancy with pot, you don't need the stress right now of fighting with these people. I'm lucky because I live in WA, so it's legal here, people are a little more relaxed about it. Also a few people have mentioned to not be in the room with people who smoke. 2nd hand THC will NEVER show up in a drug test. So if your partner smokes, don't worry. The best thing you can do is try to be happy and healty. Anxiety is the worst.

MamaHolland · June 2015

At my appointment this week I was told in the state of maryland where I like they do random drug screening on pregnsnt women and if you test positive at the time of delivery you definitely cannot take your baby home.

emzie54 · June 2015

@MamaHolland that is shocking! How can they run tests on you without your consent? I think I will ask my doc at my next appt. Not that I have any drugs in my system, I just object on principle. I think that all that accomplishes is to make some women avoid prenatal care, which is a real shame!

myliitlefairygarden · June 2015

[quote]In the state of KY (and I believe OH) all laboring moms are drug tested when they come in. No consent obtained[/qoute]

If If they snuck a consent form in your original paperwork then if you like it or not you signed and should have read the paper work.

However if that is true then the woman that allow that to happen should be ashamed of themselves. Someone needs to put a stop to that shit. I dare someone to give me a drug test without my consent. Women should object to this on principle, on drugs or not. This country is very quickly losing the "land of the Free" status. < shakes head>

MrsJG3 · June 2015

*lurker*

I thought maybe I would give some insight as a former investigator. Testing positive after 6 weeks isn't uncommon especially in people that are overweight. It can take up to 8 weeks. When they test babies in the hospital they test their meconium as that is considered noninvasive. Meconium starts to accumulate in the second trimester. There has yet to be a ruling setting a standard that a fetus is its own person prior to birth. So CPS can't be called on a fetus. If you have other children in the home that is a different story. Also when people agree to government funded insurance such as Medicaid in some states you are also agreeing to drug testing. This why you are more likely to be tested at the hospital if you are on government health care.

Eta: you will not test positive on a drug test from being in the room with others that are smoking. This is a common excuse and has been disproven in court.

myliitlefairygarden · June 2015

So if you need government Health Care you must be a junkie?

raychelmarie33 · June 2015

myliitlefairygarden said:
So if you need government Health Care you must be a junkie?

That definitely was never said, don't make this into something it isn't.

bethanycjohnson · June 2015

slstickn said:
If you deny testing now, they can't legally do anything unless they get a warrant. Since they didn't have a warrant the first time they tested you, they can't do anything with those test results. The next time you go in, ask to see which tests are being ordered for you and decline any drug screening.

I'd also maybe let them know that you are aware that their policy of testing you for drug use without your consent wasn't legal and direct them to the supreme court case saying so. They may decline to be your healthcare provider, but frankly I wouldn't want to be working with a healthcare provider that operates in that fashion.

Constitutional protections against illegal or warrantless searches or seizures apply only to government actors, not midwives or doctors.

EmberMoon · July 2015

Went over my lab work with my midwife at last appt. and turns out they also drug tested me without permission (clean, but not the point). She said it's standard procedure and they do not need permission.

CupcakesRamazing · July 2015

You know, this whole situation could have been avoided if you didn't break the law and smoke drugs.

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