DrugWipe 5S at 5 ng/mL: is a lower threshold illegal?
Share
What exactly does the decree provide?
Article 3 of the decree of December 13, 2016 states that saliva tests used for roadside screening must meet a minimum detection threshold of 15 ng/mL for THC.
This text sets a performance requirement for the device. It does not create a "legal positivity rate" and does not, by itself, allow the conclusion that a device announced at 5 ng/mL would be irregular.
Why is 5 ng/mL more sensitive than 15 ng/mL?
A threshold of 5 ng/mL means the test is designed to react to a lower concentration than a 15 ng/mL test. It can therefore detect more low concentrations.
Does a lower threshold infringe on the presumption of innocence?
A rapid screening test alone does not establish an offense. When positive, the procedure provides for a sample to confirm the presence of drugs through laboratory analysis.
The validity of a procedure is therefore not judged solely on the number displayed by the rapid test manufacturer. It depends on compliance with all rules: control conditions, sampling, driver information, analysis, and possibility of counter-expertise.
Can we conclude on the legality of the DrugWipe 5S?
Not based solely on the announced threshold. To evaluate the use of a specific reference, one would need its complete technical documentation, the exact product version, the conditions under which it is used, and validation or acquisition elements by the relevant authority.
What to remember when comparing saliva tests?
- compare the same molecule and the same biological matrix;
- differentiate screening threshold and confirmation analysis threshold;
- examine sensitivity and specificity, not just the threshold;
- check the instructions, validations, and usage context;
- never present a rapid test as definitive proof.
AMA Prévention offers a THC saliva test Drugdiag® announced at 15 ng/mL, a threshold consistent with that set by the French decree for roadside THC screening. This consistency does not mean that any other threshold is automatically illegal.
