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California Parole Board's Use of Drug Tests Undermines Addiction Treatment

2/20/2026, 12:48:50 AM

Flawed Drug Testing Practices Impact Parole Decisions

California's parole board is facing criticism for relying on unreliable drug test results when making decisions about the release of incarcerated individuals. This practice has raised concerns among state prison doctors and attorneys, who argue that it undermines life-saving addiction treatment programs. The issue has become particularly pressing as California's prison health system grapples with a 39% increase in fatal overdoses from 2019 to 2023. The use of medication-assisted treatment, which combines counseling with medication to reduce cravings and prevent overdoses, is critical at this juncture.

Background on Addiction Treatment in Prisons

Since 2020, California prisons have implemented addiction treatment programs in response to rising overdose fatalities. Approximately 50,000 incarcerated individuals have participated in medication-assisted treatment, which includes regular presumptive drug testing. However, these tests have been criticized for their potential to yield false positives, which can discourage individuals from seeking necessary treatment. A memo from Correctional Health Care Services emphasized that drug test results should only be interpreted by healthcare providers and not used punitively by the parole board.

Concerns from Legal Experts

State-appointed parole board attorneys have expressed significant concerns regarding the use of drug tests in parole hearings. Many have reported that incarcerated individuals are denied parole based on positive drug tests that they contest as inaccurate. Attorney Cheryl Sommers noted that several of her clients have faced parole denials due to these questionable results, leading to feelings of defeat among those who have worked hard to rehabilitate.

Official Responses and Policy Limitations

In response to these criticisms, Terri Hardy, a spokesperson for the California Department of Corrections and Rehabilitation, stated that the parole board encourages individuals to seek treatment and considers all relevant information in their decisions. However, the board's reliance on potentially flawed drug tests has been described as a violation of due process. Natasha Baker, an attorney from UnCommon Law, highlighted that the board's limited review of past hearings does not address the underlying issues with drug testing policies.

Personal Accounts of Impact

Incarcerated individuals have shared their experiences of being denied parole due to false positive drug tests. Phil Stamps, who has been in a medication-assisted treatment program, was denied parole despite evidence suggesting that his positive tests were likely false. Stamps expressed regret over participating in the program, stating that the fear of punitive consequences has deterred many from seeking help.

Conflicting Reports and Future Implications

The ongoing reliance on unreliable drug tests raises critical questions about the future of addiction treatment within California's prison system. While the parole board has implemented some measures to review past decisions, many advocates argue that more comprehensive policy changes are necessary to protect the rights and health of incarcerated individuals. The situation remains a matter of life and death, as the current practices may continue to dissuade individuals from pursuing essential treatment.

Verbatim Quotes

  • “When someone refuses life-saving medication because they fear it will keep them in prison, the system has failed them,” — Robb Layne, Executive Director, California’s Association of Alcohol and Drug Program Executives
  • “It’s very defeating for them to work so hard and not have anybody believe them,” — Cheryl Sommers, Attorney
  • “The program can do a lot of good for people with substance use disorders, but because of what the parole board is doing, people are afraid to ask for help,” — Phil Stamps, Incarcerated Individual