The UK Legal System Is Failing to Order the Right Toxicology Tests Due to Cost

Cost Is Leading UK Courts to Order Cannabis Tests, but Spice Is the Real Issue

The UK legal system is currently inhibited by cost-saving measures that result in the ordering of standard cannabis tests, rather than specialised tests for synthetic drugs such as spice. 

Dr. Salah Breidi, Lead Toxicologist and Expert Witness at AttoLife explains:

“Budget restrictions are forcing prioritisation of cost over quality in critical areas like DNA, drug, and alcohol testing, risking misrepresentation in cases involving child safety and family welfare. 

Cuts to Legal Aid further limit access to essential representation in family law, impacting vulnerable families. Excessive cost-saving in these areas compromises the system's ability to protect children and support families, weakening its core responsibility to society's most vulnerable.”

Prevalence of Cannabis vs. Spice

Cannabis ranks as the most consumed drug in the UK, directly followed by cocaine. Recent figures from 2022/23 show that as many as 31.2% of people aged 16 to 59 in England and Wales report using the drug at least once in their lifetime.

In contrast, synthetic cannabinoids such as spice are proving a significant threat to vulnerable populations, even if not as widespread. One estimate suggested that upwards of 95% of Manchester’s homeless were believed to be smoking spice in some form in 2017, even though its users are often unaware of its exact composition and strength.

“Synthetic cannabinoids, or “spice,” are potent lab-made drugs with unknown health risks, causing issues like psychosis and overdose.

Unlike natural cannabis, synthetic cannabinoids, often more potent and unpredictable, can lead to severe health issues including psychosis, aggression, and overdose, exacerbating the physical and mental health challenges already prevalent within these populations. 

Their low cost and easy availability make them particularly appealing to individuals facing economic and social hardships. Consequently, synthetic cannabinoid usage not only harms the health and well-being of vulnerable individuals but also amplifies broader social challenges, underscoring the need for targeted intervention and support strategies”, says Dr. Salah Breidi.

Legal Status and Classification

In the UK, cannabis has been a class B drug since 2009. As a result of this, penalties for possession include fines and even imprisonment. Despite frequent calls for its decriminalisation or legalisation, cannabis remains illegal.

When first introduced, synthetic cannabinoids avoided regulation by being sold alongside labels that stated  “not fit for human consumption” or even “plant food”. To counteract this, the UK introduced the Psychoactive Substances Act in 2016 to pose a “blanket ban” on synthetic psychoactive substances, preventing drugs such as spice to be legally sold. 

However, new variants, such as K2 and Black Mamba, continue to be developed, which has made their detection an ongoing challenge.

Health Risks and Social Impact of Synthetic Cannabinoids

The use of synthetic cannabinoids comes with severe health risks. In the short term, side effects may include dizziness, heart palpitations, seizures and psychosis, amongst many other symptoms. 

However, the long-term effects of synthetic cannabinoids are still largely unknown, due to their relatively recent emergence. Between 2015 and 2020, synthetic cannabinoids such as spice were implicated in 48% of “non-natural” deaths of 129 prisoners in England and Wales. 

The social impact is also a huge concern. In environments where these drugs are present, such as homes or prisons, children and vulnerable individuals are placed at a significant risk. Synthetic cannabinoids are also widely available in prisons, which can hinder rehabilitation efforts and increase the likelihood of reoffending.

Toxicology Evidence Gathering and Legal Proceedings

Forensic toxicology evidence is crucial when determining drug use, particularly in legal cases which involve the safeguarding of children. Accurate drug testing can provide courts with evidence of a parent’s substance abuse, keeping children protected from harmful environments.

Depending on the results of toxicology tests and other supporting social reports including psychiatric evaluations, rulings can be made under the Children's Act 1989 to place children of drug users into care for their own safety. This does not have to be permanent however, as parents who successfully demonstrate during proceedings that they are no longer using and that their consumption patterns have changed may regain care of their children later down the line.

 

Implications of Inaccurate or Incomplete Testing

Unfortunately, the implications of inaccurate or incomplete testing can have dreadful consequences. If testing does not confirm usage in parents that take drugs, children can be left in harmful environments that lead to tragic outcomes or wrongfully separated from their families. 

“Probably the impact of external exposure/contamination of children’s hair to drugs is one of the many examples that can be given about accurate testing and expert reporting.” — Dr. Breidi. 

Contrarily, it is also possible for rare false positives to arise that result in miscarriages of justice, with non-using parents finding their children being wrongfully taken away.

The availability of independent laboratories in the UK that are capable of testing for both cannabis and spice is limited. Advanced methods such as gas-chromatography mass spectrometry and liquid-chromatography are used, however certain labs may only be able to provide basic quantitative analysis without assessing levels of consumption.  

Turnaround times can also vary between 3 to 20 working days, which can complicate legal proceedings.

Detection Windows and Sensitivity

Hair strand drug tests are a key method of detection for both natural and synthetic cannabis. Generally, 2-3 weeks is typically needed after drug use before detection is possible, due to the slow growth rate of hair, and the need for a sufficient amount of the drug or its metabolite to accumulate. 

Other key factors such as drug purity/strength, metabolic rates, melanin rates, hair dying and absence of hair/nails can all impact analysis and detection. Spice, in particular, can be harder to detect as it has around 200 known variants. Unless a hair sample has been tested for the specific variant present, it may remain undetected.

Cost Analysis and Financial Constraints

Spice testing can be more expensive than testing for cannabis, as a thorough analysis requires a specialist approach and the capacity to detect a vast array of synthetic cannabinoids, far exceeding 10 variants.

Even though legal aid will primarily cover these costs in care proceedings, local authorities and family law practitioners in the UK face severe budget constraints. This has been compounded by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) which drastically reduced access to legal aid in many areas.

“The long-term costs of inadequate testing in child safeguarding and family law are substantial, often resulting in incorrect decisions with broad social and financial implications. 

Poorly informed judgments lead to repeated interventions, prolonged cases, and higher healthcare, legal, and social service costs. For example, failing to detect chronic substance abuse can result in costly, ongoing intervention or expose children to harm with lifelong impacts.

Investing in advanced toxicology methods for the analysis of Synthetic cannabinoids (e.g., Black Mamba) in hair, offers an economic benefit by improving accuracy in assessing substance use. This improved offering can reduce repeated tests and interventions, saving resources and lowering societal costs”, Dr. Breidi explains.

Longer term, the costs associated with not being able to detect spice are critical when it comes to the negative impact it has on greater society. In the UK, drugs have been found to cost society around £20 billion per year in policing, healthcare and crime. The investment in more accurate toxicology testing could help reduce this figure by enabling earlier intervention and rehabilitation for users, helping them reintegrate into society.

The Importance of Awareness and Training

In the legal system, a significant knowledge gap exists regarding synthetic cannabinoids such as spice. 

Whilst the risks associated with cannabis are generally known, synthetic cannabinoids are still largely misunderstood. These deficiencies are often highlighted in legal decision making, especially when deciding whether to order specialised tests.

Continuous professional development (CPD) training offered by industry professionals, such as AttoLife, allows legal professionals to gain key insights into the nature of synthetic cannabis, its known variants and how it can be tested accurately. 

 Mathew Wade, Toxicology Lab Manager at AttoLife, points out:

“It is estimated that new synthetic cannabinoids, with unknown health risks, become available each year. 

Continuous professional development (CPD) is crucial for the legal profession and social workers to stay informed about synthetic cannabinoids, as these drugs pose unique legal, health, and social challenges for clients. 

CPD equips professionals to recognize signs of use, understand its effects, and make informed decisions, ensuring better support and protection for vulnerable populations, especially in child and family cases.”

Recently, AttoLife partnered with Kingston University to develop an industry-leading toxicology testing facility and increase knowledge sharing. In the legal field, staying informed about the latest drug trends is essential for improving drug detection.

Legal Obligations and Human Rights Concerns

The UK justice system has a legal obligation to thoroughly investigate reported crimes and to present the most accurate evidence possible, especially with cases that involve child safeguarding. Prior to testing, individuals must give consent for the use of their samples and data, although refusal can lead to negative inferences in court.

Inaccurate testing can cause human rights infringements, as all individuals undergoing testing should have assurances that their results are as accurate as possible. Wrong verdicts that result from incorrect test results are unjust and can be damaging to the individual, their family and the greater community.

The Need for Investment in Advanced Testing

Despite financial pressure to reduce spending, accurate toxicology testing should be seen as an essential long-term investment. Improvements in testing can prevent drug abuse, reduce crime and safeguard children. Government agencies and NGO’s should look to collaborate with industry professionals and laboratories to develop cost-effective testing methods, in order to respond to changing drug trends.

The UK legal system is currently inhibited by cost-saving measures that result in the ordering of standard cannabis tests. The UK legal system’s approach to toxicology testing does not currently address ongoing problems with synthetic cannabinoids such as spice. When undetected, these drugs can continue to harm individuals and society at large. Through investment in accurate testing, the training of legal professionals and updating protocols, improvements in public safety and justice can be achieved.

Dr. Breidi emphasises the urgent need for updated testing protocols:

“Updating toxicology testing protocols for synthetic cannabinoids and new psychoactive substances (NPS) is critical for public safety, as these rapidly evolving substances can easily evade outdated testing methods. 

Tens of new drugs are created in the labs every year. 

Unlike traditional drugs, synthetic cannabinoids and NPS are often chemically modified to bypass legal restrictions, making them harder to detect and their effects highly unpredictable. 

Up-to-date testing protocols ensure these substances are identified accurately, providing critical insights for healthcare, law enforcement, and social services. Enhanced testing allows for early detection, timely intervention, and more precise risk assessments, ultimately reducing public health threats and supporting safer communities.” 

About AttoLife

AttoLife, formerly Anglia DNA, is a UKAS-accredited laboratory specialising in DNA and toxicology testing. Trusted by local authorities and law firms, AttoLife provides reliable results, expert witness statements, and full case management under strict chain-of-custody protocols. Part of The AttoGroup, AttoLife leverages advanced technology to deliver accurate, timely, and court-ready evidence for legal and professional needs.

Dr. Salah Breidi, Lead Toxicologist and Expert Witness at AttoLife

Dr. Salah Breidi is a leading expert in Forensic Toxicology with extensive experience as a forensic scientist and expert witness in UK and international courts, including the High Court and Family Court. He holds a Ph.D. in forensic analysis and has investigated and reported over 10,000 toxicology cases in criminal, civil, and family proceedings. Dr. Breidi has also lectured in forensic analysis at Kingston University and the University of Balamand and has presented his research at numerous national and international conferences.

A fellow of the Royal Society of Chemistry (FRSC) and the Institute of Biomedical Science (FIBMS), Dr. Breidi is an active member of several prominent organisations, including the EUROTOX Register of Toxicologists and the British Toxicology Society. He is also registered with the UK Health and Care Professions Council and the UK Register of Expert Witnesses. His work continues to advance the field of toxicology through research, education, and professional service.

Mathew Wade, Toxicology Lab Manager at AttoLife

Mathew Wade holds a Bachelor of Science (Honours) in Chemistry and is a member of the United Kingdom and Ireland Association of Forensic Toxicologists (UKIAFT), the Society of Hair Testing (SoHT), and The International Association of Forensic Toxicologists (TIAFT). For over seven years, he was employed by a forensic laboratory, analysing body fluids and other materials for the presence of alcohol, drugs, poisons, and other noxious substances. During this time, he produced expert statements and attended court for a wide range of toxicology cases on behalf of the Police and Coroners services. Since June 2018, he has been employed by AttoLife (formerly Anglia DNA Services) in a similar capacity.

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