What Urinalysis Test Proves
- Urine test proves only past use; it proves that drug or drug metabolites (waste products) are in the urine.
- Urine test does not prove:
- Single or multiple usages.
- Method of ingestion
- Knowing ingestion. In the past ten years, there have been dramatic changes regarding the use of the permissive inference for proof of “knowing” ingestion. Previously, the presence of an amount of drug metabolite allowed a permissible inference that the accused knowingly consumed a particular drug. United States v. Mance, 26 M.J. 244 (C.M.A. 1988). The government’s burden was made considerably heavier (to raise the permissible inference) after United States v. Campbell, 50 M.J. 154 (C.A.A.F. 1999), supplemented on reconsideration, 52 M.J. 386 (C.A.A.F. 2000). The CAAF later backed off of this heavier burden in United States v. Green, 55 M.J. 76 (C.A.A.F. 2001). In Green, the CAAF emphasized the importance of the Military Judge as the “gatekeeper to determine whether . . . expert testimony has established an adequate foundation with respect to reliability and relevance.” Id. at 80. Some of the more troubling “factors” announced by the court in Campbell are not mandatory but may still be applicable in urinalysis cases dealing with novel testing methods or procedures. Id. at 80.