Greens MP Cate Faehrmann claims her MardiGrass drug sample was invalid

All random drug tests conducted over the Nimbin MardiGrass weekend should be declared invalid, says Greens MP Cate Faehrmann, who also wants an overhaul of the entire testing scheme.

On June 3, 2021, Cate Faehrmann Greens MP and spokeswoman for Harm Reduction and Drug Law Reform was in Lismore and called for all random drug tests conducted over the 2021 Nimbin Mardi Grass weekend to be declared invalid due to the potential of contamination. Photo: Alison Paterson

“Put the brakes on this dodgy roadside drug testing regimen.”

This is the message Greens MP Cate Faehrmann gave outside the Lismore Police Station as she called for all random drug tests conducted over the 2021 Nimbin MardiGrass weekend to be declared invalid due to the potential of contamination.

On Thursday, Ms Faerhmann who is also a spokeswoman for Harm Reduction and Drug Law Reform, said the call comes after she was advised that a video showing her being tested as she headed into MardiGrass revealed alleged breaches of the Standard Operating Procedures by the officer conducting the test.

NO GLOVES: An image supplied by Greens MP Cate Faehrmann, which she said was taken by a staff member, allegedly shows the police officer conducting the RDT not wearing latex gloves, as she headed into Mardigrass on May 2, 2021. Image supplied

“All tests conducted over the Nimbin MardiGrass weekend are now in doubt and any court attendance notices or penalties issued as a result of a positive test must be withdrawn,” she said.

“The tests used are incredibly sensitive and can be easily contaminated, potentially resulting in false positives.”

Ms Faehrmann said she had written to NSW Police Minister David Elliott and the Attorney-General Mark Speakman, calling for all tests conducted over the MardiGrass weekend in early May to be declared invalid.

Ms Faehrmann said that on Sunday May 2, at about 9am she was stopped by police while driving to the MardiGrass festival for a random drug test just outside of Nimbin, as were hundreds of others over the course of that weekend.

Ms Faehrmann has written to Mr Elliott with excerpts of a video, allegedly showing how the officer conducting the test failed to use gloves while handling the testing device, which she says is a clear breach of part 1-5 of the Standard Operating Procedures (SOP) for Random Oral Fluid Testing.

Ms Faehrmann said she has also written to the NSW Auditor-General requesting an urgent performance audit of the entire RDT regimen.

Ms Faehrmann said due to cross contamination, “people could lose their licences,

we know false positives can occur.”

“Our drug driving laws are designed to catch people with even the tiniest traces of THC in their system after its effects have long passed,” she said.

“And in some cases due to contamination, they test positive without actually having consumed any cannabis at all.

“Not to mention that there’s no exemption for the growing number of people who use cannabis medicinally.”

“We have no idea how many breaches by officers conducting the tests are going undetected and potentially causing false positives.”

NSW Police have been contacted for comment.