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Official Press Release from Scott Company Drug Testing

Date: August 28, 2018


Re: Synthetic Opiates Test (Fentanyl Test)
Prepared by: Ian Scott, Legal & Compliance

Due to a single instance of litigation filed against one our clients, a case which was ultimately dismissed in the pre-trial stage by the
presiding judge, we no longer advertise members of our extensive client base in an effort to protect our clients by discouraging frivolous and/or
otherwise unfounded litigation against them. Accordingly, please note that to date, no litigation, either against us, or the use of our products by our
clients, has resulted in a decision for the plaintiff.

Additionally, due to this particular incident, the statement from our website stating “To the absolute best of our knowledge, our tests have
never been successfully attacked in court, nor has the failure of our product ever been established as the cause of a case to be lost or
compromised.” is being re-evaluated, pending further details provided to us by the pertinent law enforcement agencies, district attorneys and any
additional legal representatives that may be currently involved, or involved at a future date.

Our tests are presumptive tests, meaning that they are drug test kits and residue swabs used to presumptively narcotics and controlled
substances.

The Merriam- Webster definition of presumptive is as follows:

Definition of presumptive

1 : based on probability or presumption the presumptive nominee


2 : giving grounds for reasonable opinion or belief

In medical and forensic science, a presumptive test is an analysis of a sample, which establishes either:

A) The sample is definitely not a certain substance, or


B) The sample probably is the substance.

The presence of a substance, even presence at a trace level, can be detected by a presumptive test.
In this case, pertinent example includes the Synthetic Opiates Test (Fentanyl Test). Reagents used by Scott Company to determine the
presence of illegal drugs or controlled substances are listed in the 2005 National Institute of Justice Color Test Reagents/Kits for Preliminary
Identification of Drugs of Abuse: NIJ Standard–0604.01 (Dept of Justice).
These tests, and others like them, are presumptive tests, and can generally be used to establish the probable cause necessary to effect
an arrest for the possession of an illegal drug or other controlled substance. An additional confirmatory test can (and should) be used after the
presumptive test report is positive for the substance to confirm the substances identity or to measure the percentage purity or other quantitative
analysis.

Presumptive field test kits are engineered to detect one (or more) specific substances and display a specific reaction appropriate to that
particular substance. While presumptive testing is extremely reliable, faster, and less expensive than other methods of testing, it is possible
(though unlikely) to receive a false positive result under certain conditions, when certain substances are introduced into the presumptive test. We
strongly advise the individual officer and appropriate agencies to use common sense and evaluate the totality of the circumstances before making
an arrest.

​ ecause of this, Scott Company recommends that, in an effort both to aid the prosecution and to protect the legal and constitutional rights
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of the accused, in the absence of a written confession, signed by the suspect, the arresting agency should (where and when appropriate in
accordance with local, county, state, or federal laws and ordinances) obtain a confirmation of the composition of any substance tested using a
confirmatory testing method (such as a gas chromatography/mass spectrometry (GC/MS)) to obtain a confirmed analytical result before final
charges are filed against an individual suspected of the sale, delivery, manufacture or possession of the suspected illegal drug or other controlled
substance.

In this particular situation, there are some important factors that need to be clarified:

#1) According to a ​recent article​ by the Roundtable on Environmental Health Sciences, Research, and Medicine; Board on Population
Health and Public Health Practice; Institute of Medicine. Washington (DC), there are somewhere between 25,000 and 84,000 chemicals in
commerce in the United States alone. Additionally, a 2009 ​article​ published by Wired suggests that “humans have found or made 50 million
different chemicals here on Earth, the vast majority over the last few decades.”

Accordingly, it is not feasible, practical or even possible to test every single one of these chemicals in any specific field test to determine
all of the possible outcomes.
#2) As stated before, Scott Company relies upon reagents used by to determine the presence of illegal drugs or controlled substances are
listed in the 2005 National Institute of Justice Color Test Reagents/Kits for Preliminary Identification of Drugs of Abuse: NIJ Standard–0604.01
(Dept of Justice). Note: While this document has been the gold standard of legal precedent regarding the composition and usage of presumptive
field testing kits, for over 40 years, it has remained mostly unchanged since its development in 1974, Fentanyl began surfacing in clinical trials as
recently in 1995.
#3) To the absolute best of our knowledge, there is not a single presumptive field test made anywhere in the world, by any manufacturer,
that will show a specific color result (a positive) result, for Fentanyl (and/or it’s analogues) and ONLY Fentanyl (and/or it’s analogues). The
chemical structure of this drug and/or it’s analogues simply doesn’t lend itself to a singular, consistent reaction to ONLY itself when applied to a
specific combination of known chemicals. ​As a direct result, there is no test specifically for Fentanyl alone - only a few known tests that,
incidentally, fentanyl happens to present a known reaction in​. Because of this shortcoming in the laws of chemistry, it IS possible to that a
false positive result can occur.

#4) Illegal drugs are often mixed with other substances to increase their volume, and accordingly, the profit margin derived through their
sale. It is generally impossible to know what substances the illegal drugs may be “cut” or mixed with without the use of a GCMS (Gas
chromatography–mass spectrometry) machine. It is possible that some of the substances that the illegal drugs are mixed with could produce a
false positive result for one particular drug.

#5) Neither the state lab nor the private lab (NMS) used by the arresting agency has divulged to us (Scott Company Drug Testing) what
exactly the substance actually is, so we have no way of knowing, for future reference, what to warn the officers that use this particular test may
produce this false positive.

#6) While we are aware of some substances that can, under certain circumstances (because of the reasons mentioned in section #1
above) produce a false positive result in a select few of our tests, we will only disclose these to law enforcement so as to prevent the adulteration
of substances in an effort to mask, misidentify, or mislead officers, or to purposely reduce, by altering the chemical content of the substance with
other chemicals to either mask the substance, or through any other means alter the substance as to compromise the result of a presumptive field
test, probable cause and officer may have when evaluating the totality of the circumstances before making an arrest. We feel that this would be
providing aid to those engaged in the sale, delivery, manufacture or possession of the suspected illegal drug or other controlled substance.

#7) We believe that the arresting officers, command staff and district attorneys office acted in good faith, and that (because of the reasons
mentioned in section #1 above) this instance was both unforeseeable and unavoidable to them. Additionally, we support the fentanyl-related
charges were also dropped for the suspects. This is exactly why confirmatory testing method (such as a gas chromatography/mass spectrometry
(GC/MS)) to obtain a confirmed analytical result before final charges are filed against an individual.

#8) The suspect in this case, Mr. Charles Batts, was arrested on a variety of drug charges, including heroin. Our Marquis field test was
used successfully used presumptively identify the heroin.

#9) The use of presumptive field tests is also designed to protect the accused from false arrest, specifically from an officer who may have
little to no training, knowledge, or expertise, from either intentionally or unintentionally making an arrest based on an incorrect assumption that the
alleged suspect may be in the possession of an illegal drug or controlled substance, when that reality is not in fact true. Presumptive field tests
can, and should, prevent false arrests when substances that are NOT either illegal or controlled fail to show a positive result, thereby eliminating
an element of the alleged offense.

#10) Please note that all presumptive field test kits, regardless of manufacturer, are not immune to the possibility of false positives,
including those manufactured and sold under the trade names NIK, Sirche, NARK, ODV, and Armor Holdings. The chemical reagents across the
spectrum of all manufacturers is not materially different; generally the only difference is the packaging of the product itself.

#11) Please note that we would never intentionally, knowingly, recklessly or negligently manufacture, sell, or otherwise distribute any any
product that we reasonably believe through its intended use has will materially increase the chances of an innocent person being arrested. We
take all possible precautions to ensure that our reagents are properly prepared, packaged and sold in full compliance with the the most up-to-date
legal findings made available to us, and make improvements to our tests whenever possible to reduce false positives and to enhance officer safety
when possible.

I hope that this press release was informative and helpful. Please don’t hesitate to contact me if I can be of any additional assistance, and
best of luck.

Ian J. Scott
Legal & Compliance
Scott Company Drug Testing
office: (877) METH-KIT / (877) 638-4548
cell: (817) 823-3119
e-mail: ian@scottcompany.com
http://scottcompany.com