Exhibit 2 — USA v. Jittaphol (Dkt. 66.2)

Summary

Memorandum dated January 30, 2001, from the Administrative Office of the United States Courts to Chief Probation Officers and Chief Pretrial Services Officers, subject: Testing and Reporting of Metabolite Levels in Sweat Patches. It describes a recent violation hearing in which the defense attorney argued that a patch may be contaminated from the outside by drugs, which created enough doubt that the United States Attorney's office withdrew the motion to revoke the offender's supervised release term. It states that the Center for Human Toxicology Research at the University of Utah is conducting independent tests, and that PharmChem will report a test as positive for a drug only if the threshold amount of that drug's metabolite is in the Sweat Patch. It states there is no change in laboratory procedures.

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Case 1:21-cr-10270-MLW Document 66-2 Filed 04/04/22 Page 2of2

LEONIDAS RALPH MECHAM ADMINISTRATIVE OFFICE OF THE
irector JOHN M. HUGHES
UNITED STATES COURTS Chief
CLARENCE A. LEE, JR. Federal Corrections and
Associate Director WASHINGTON, D.C. 20544 Supervision Division
January 30, 2001

MEMORANDUM TO: CHIEF PROBATION OFFICERS
CHIEF PRETRIAL SERVICES OFFICERS

SUBJECT: Testing and Reporting of Metabolite Levels in Sweat Patches IMPORTANT
INFORMATION)

You may have heard about a recent violation hearing in a district court in which the validity
of “Sweat Patch” test results was challenged. In that case, the defense attorney argued that it may
be possible for a patch to be contaminated from the outside by drugs even if the subject had not
taken drugs internally. The defense attorney argued that the offender lived in a dwelling that
contained enough drug residue to contaminate the sweat patch from the outside. This argument
created enough doubt that the United States Attorney’s office withdrew the motion to revoke the
offender’s supervised release term.

The Center for Human Toxicology Research at the University of Utah is currently
conducting independent tests of the Sweat Patch using various scenarios to test how and at what
dosage levels external contamination may be possible. We await the results of these tests and will
ask our quality control contractor to review them as soon as a report is available. In the meantime,
PharmChem will report test results as positive only where the Sweat Patch contains the requisite
level of drug metabolites. Detection of certain metabolites indicates that the parent drug had been
ingested and metabolized by the body. By reporting test results based on the presence of
metabolites, PharmChem maintains that the issue of external contamination is rendered moot. Our
quality control contractor verified that there is a large body of research to support the measurement
of metabolites as an indicator of drug use.

There is no change in laboratory procedures with respect to testing of the Sweat Patch.
Procedures already require testing for both the drugs and the metabolites of those drugs. For
example, PharmChem already tests for cocaine and its metabolite, benzoylecgonine. For your
purposes, the only change now is that PharmChem will report a test as positive for a drug only if
there is the threshold amount of that drug’s metabolite in the Sweat Patch.

We will continue to stay on top of this situation. You will be apprised when we have a
report from the Center for Human Toxicology Research. In the meantime, if you have questions or
concerns, please contact Probation Administrator Aaron J. Lucas at (202) 502-1655, or
Aaron_Lucas@ao.uscourts.gov.

M

John M. Hughe

A TRADITION OF SERVICE TO THE FEDERAL JUDICIARY


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