DRUG LAWS IN NEW JERSEY: THE FRAILTIES OF THE DUQUENOIS- LEVINE FIELD TEST (Part II)

Last summer, a boyfriend and girlfriend who were partners in an organic food business were arrested at the U.S. /Canada border by a Royal Canadian Mounted Police Officer who accused them of smuggling hashish across the border. The item that precipitated this arrest was a brick sized sample of raw organic chocolate which the police believed to be hashish. The chocolate  was field tested by a Duquenois-Levine Test and the result was positive for a Controlled Dangerous Substance (CDS).  Apart from the fact that the Mounty separated them from their one year old baby, they were told that they face life imprisonment. After much effort they where released on bail pending prosecution.

Still interested in marketing their products in New York,  the couple decided to enter the U.S. again, a few weeks later. This time, however, they hired a immigration lawyer to cross the border ahead of them so as to inform the authorities that they were on a legitimate business trip. One of the products they were carrying was tea tree oil from Australia. The oil tested positive for a (CDS).  The customers officers believed that the substance was hash oil.

 Subsequent laboratory  determined that the products contained no illicit drugs. At that point,  however the couple had spent $20,000 in legal fees.