From: Director, Criminal Law Division, Office of the Judge Advocate General To: Distribution
Subj: BRADY NOTICE – POPPY SEED PRODUCTS AND POSITIVE CODEINE RESULTS Ref: (a) DoDI 1010.16 dtd 15 Jun 20
Encl: (1) DoD General Counsel ltr dtd 03 Feb 23
1. This information is being released pursuant to Brady v. Maryland, 373 U.S. 83 (1983) and Rule for Courts-Martial 701. Please ensure this notice and enclosure are disseminated to all judge advocates in your command or on your staff.
2. The DoD Office of Drug Demand Reduction (ODDR) has determined that the ingestion of certain legally purchased food products could, in some circumstances, result in a positive urinalysis for codeine.
3. On 19 January 2023, ODDR temporarily suspended reporting of codeine results on all urinalyses processed at Department of Defense Forensic Toxicology Drug Testing Laboratories and suspended the destruction of urine specimens previously reported as a codeine positive.
4. ODDR and the Services will identify affected service members with a previously reported positive codeine urinalysis, consistent with poppy seed ingestion, for any appropriate remedial actions.
5. Questions about this specific notice should be directed to Ms. Deanna Daly, Deputy Director, Code 20, at Deanna.Daly.email@example.com or 202-685-7298.
6. Questions about particular urinalysis results or any drug-misuse investigation should be directed to CDR Jenifer Scancella, Department of the Navy Drug Testing Program Manager, at firstname.lastname@example.org or 757-953-0750.
C. C. TEMPLE
To View The Memorandum In Its Entirety Along With The Chesapeake Toxicity Resource <Click Here>
As a result, the DOD is temporarily suspending the reporting of codeine, and they’ve decided not to destroy old urine specimens that have tested positive for codeine in the past. The last three years of positive tests are now deemed untestable. If you are in trouble or if you have gotten in trouble in the past for a codeine related drug test and you know you didn’t do anything wrong, there’s a chance now your case could be heard and any past determination be addressed.
Contact the Firm to schedule a consultation about the options you may have.