Atlanta, GA – A Georgia mother, Rachel Fuller, is fighting to regain custody of her children after repeated drug tests flagged methamphetamine in her system—a result she now attributes to her legal asthma inhaler. Fuller’s 4-year-old daughter and 3-year-old son have been in foster care since her parental rights were terminated in February 2024.
The Allegations and Drug Test Controversy
Fuller, a registered nurse for nine years, insists she has never used illicit drugs. Her struggles began in 2020, shortly after giving birth, when both she and her newborn tested positive for methamphetamine during routine hospital screening.
“I’ve never done drugs. I was shocked,” Fuller said. “I vehemently denied it from the very beginning.”
Following the positive results, Georgia’s Division of Family and Children Services (DFCS) took custody of her daughter. When Fuller later gave birth to a son, the state agency removed him as well.
To regain custody, Fuller followed a case plan requiring random drug testing, believing these tests would clear her name. However, DFCS records show she repeatedly tested positive.
Asthma Inhaler Cited as Source of False Positives
Fuller traced the positive results to a nasal inhaler containing levmetamfetamine, an ingredient chemically similar to methamphetamine. She explained:
“I have very severe asthma… I take a nasal inhaler because my asthma is congestion-associated. The active ingredient is methamphetamine, which is why my drug screens keep coming back positive.”
Medical records provided to investigators confirm her chronic asthma condition, treated with multiple inhalers including legal over-the-counter decongestants.
Laboratory Testing Concerns
Investigators discovered that some state-contracted labs performing drug screens lack the specialized D/L isomer test, which can differentiate between legal medication and illicit methamphetamine. This test, though technically challenging and expensive, was not required by state policy.
Dr. Lyle Burgoon, a veteran toxicologist, testified that the state should have performed the specialized test:
“The state erred in not performing it and has no reliable evidence to demonstrate Ms. Fuller used or abused controlled substances.”
Despite this, court records indicate that Fuller’s defense was not deemed credible, partly due to unrelated allegations of sending a misleading email to a visitation facility.
Advocates Call for Policy Reform
Melissa Carter, executive director of Barton Child Law and Policy, stressed the need for reform:
“We need to require confirmation testing and create mechanisms to pay for it… There’s a real key need here to act with urgency. Taxpayers are footing the bill for incomplete work.”
Federal data shows 40% of Georgia child welfare cases involve substance use allegations, highlighting the systemic risk of false positives.
Fuller’s Current Status and Legal Appeal
Fuller has attempted to minimize inhaler use, but alternatives were insufficient. With her parental rights terminated, her attorneys are appealing to the Supreme Court of Georgia.
A DFCS spokesperson stated:
“We have initiated the process of gathering information on this topic… Before we implement a change to current policy, we must first begin the process of an audit or review.”
Conclusion
Rachel Fuller’s case underscores a growing concern over false positive drug tests in parental rights cases. Experts argue for mandatory confirmation testing to prevent families from being wrongly separated due to legal medications.
What do you think about this issue of drug testing and parental rights? Share your thoughts in the comments below.
