Georgia woman sues after drug test falsely labels her cotton candy as meth
A Georgia woman who spent several months behind bars after her bag of cotton candy falsely tested positive for meth has filed suit.
Dasha Fincher filed a lawsuit earlier this month against the Monroe County board of commissioners, the two deputies who arrested her, Cody Maples and Allen Henderson, and Sirchie Acquisitions, the company that made the drug test used during the incident, local CBS affiliate WMAZ reports.
Fincher said in the suit that she was riding as a passenger in a car when it was pulled over on New Year’s Eve in 2016 for having dark tinted windows.
Maples said in a report that he and Henderson realized the windows were not in violation of the law, but that they soon noticed Fincher and the car’s driver both had suspended licenses.
During a car search, Maples and Henderson saw a plastic bag with a blue, crystal-like substance sitting in the car, and despite Fincher’s protests that it was just cotton candy, used a roadside field test on the substance.
When the test came back positive, Fincher was arrested and charged with meth trafficking and possession of meth with intent to distribute.
Fincher said she remained in jail for three months because she could not afford the $1 million bond set by a judge, and missed major life events while locked up, including the birth of her twin grandsons.
She was only released when lab tests from the Georgia Bureau of Investigation determined in March 2017 that the substance in the bag was not actually an illegal drug. The charges against Fincher were dropped four weeks later.
The lawsuit claims that the test has a history of false positive test results, and that in Fincher’s case, it could have been caused by blue food coloring in the cotton candy.