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Authorities with the UW-Madison-based Wisconsin State Lab of Hygiene and the Department of Justice's criminal activity laboratory which do the vast bulk of toxicology tests used in state prosecutions acknowledge that they don't have the devices required to distinguish between 2 isomers, or types, of methamphetamine. The first, known as dextro-methamphetamine, or d-meth, is typically abused and unlawful under state and federal law.

"Operating an automobile with a detectible amount of methamphetamine, regardless of its source, is a violation of Wisconsin law."Criminal activity lab officials say that, in practice, legal meth is unusual and appears in such low levels in over-the-counter drugs that it would be virtually impossible to take enough of it over a short sufficient period for it to reveal up in blood tests."It's not a concern, particularly when you're talking about toxicology," stated Amy Miles, forensic toxicology section director with the State Laboratory of Hygiene, which conducted the test on Higar's blood.

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They say taxpayer-funded laboratories have a task to let the courts and the general public know that the two kinds can't be distinguished when they're in somebody's blood."The concept that the government that is prosecuting people to try to put them in a cage ... doing that without complete, honest, total disclosure," said Mike Cohen, president of the Wisconsin Association of Lawbreaker Defense Attorney.

A sample of Schiffman's blood was sent out to the State Lab of Hygiene, which discovered it was positive for meth at the level of 130 ng/m, L, according to his lawyer, Jeremiah Meyer-O'Day. While he was not found with any drugs, he did have a Vicks nasal inhaler in his overalls pocket.

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A bit of research study later on and Meyer-O'Day had a reputable defense: If his client wasn't found with d-meth, and the state can't definitively state the meth in his blood was d-meth, how can it show beyond an affordable doubt that Schiffman is guilty of driving with controlled substances in his system? Almost Water Testing Services Near me , a Grant County judge approved the district lawyer's motion to drop the charge.