“The patch … is used widely in the criminal justice system because of its perceived advantages over other forms of drug testing.”

What is the PharmChek® Drugs of Abuse Sweat Patch?

In Meyer, retired Associate Justice of the United States Supreme Court Sandra Day O’Connor, explained, “The sweat patch, which is marketed by PharmChem, Inc., is composed of an absorbent pad and an outer membrane. After the skin is cleaned with alcohol, the patch is applied to the wearer[], and the absorbent pad collects the wearer’s sweat, over a period of a week or more. . . . The [wearer]’s sweat wets the pad, the water in the sweat eventually evaporates through the non-occlusive membrane, and any drugs remain in the absorbent pad. Once the sweat patch is removed from the [wearer], it is returned to PharmChem for analysis.”

In what areas of the criminal justice system is the PharmChek® Drugs of Abuse Sweat Patch utilized?

Courts across the United States use the PharmChek® sweat patch for pretrial supervision, probation and parole, drug courts, and child protection proceedings.

The National Association of Drug Court Professionals Best Practice Standards recognize “recent studies have begun to examine other testing methods in Drug Courts, including sweat patches…”

Is the PharmChek® Drugs of Abuse Sweat Patch novel technology?

Courts regularly rely on the Food and Drug Administration’s (FDA) clearance of the sweat patch dating to 1990, as an indicator of its reliability.

The sweat patch is generally accepted in the field of toxicology.

Is the PharmChek® Drugs of Abuse Sweat Patch subject to peer-reviewed academic studies?

In admitting results into evidence, courts regularly cite to the dozens of peer-reviewed academic studies that support its reliability.

Have courts determined the PharmChek® Drugs of Abuse Sweat Patch test results are reliable and admissible?

Hundreds of courts have ruled the results are reliable and admissible. In an opinion by retired Associate Justice of the United States Supreme Court Sandra Day O’Connor, the United States Court of Appeals for the Eighth Circuit recognized, “The patch … is used widely in the criminal justice system because of its perceived advantages over other forms of drug testing, e.g., its non-invasiveness, resistance to intentional adulteration, and ability to detect drug-use over relatively long periods.

Can PharmChek® Drugs of Abuse Sweat Patch test results be used for sentencing purposes?

In U.S. v. Gatewood, 370 F.3d 1055, 1061 (10th Cir. 2004), vacated on other grounds, 543 U.S. 1109 (2005), the court held sweat patch results are admissible for sentencing purposes because the PharmChem laboratory report had “sufficient indicia of reliability to support its probable accuracy.” In U.S. v. Gragg, 95 F.3d 1154 (7th Cir. 1996), the court affirmed a sentence based on the showing that PharmChem’s results are “accurate and its techniques thorough and proper.”