False positive tests | The Marshall Project

What are records? Since 2014, The Marshall Project has been curating some of the best criminal justice reporting from around the web. In these records you will find the most recent and the most authoritative articles on the topics, people and events that are shaping the criminal justice conversation. The Marshall Project does not endorse the viewpoints or vouch for the accuracy of reports other than its own.

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How Hospitals Helped Erode Reproductive Rights

Criminal prosecutions sparked by hospital drug testing helped advance the legal concept that the fetus had interests the state could protect.

Closing Argument • 03.14.2026

How Often Does Child Welfare Call Police in Your State for Positive Drug Tests at Birth?

The Marshall Project found 70,000+ allegations of pregnancy drug use referred to law enforcement, often based on unreliable drug tests.

Feature • 02.18.2026

Having a Baby? 5 Tips to Avoid Problems From Flawed Drug Testing at the Hospital

Hospitals routinely use unreliable drug tests at childbirth, and many parents are reported to child welfare agencies and the police. Here’s what you can do.

Feature • 02.13.2026

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