By LOUISA CLEAVE
A prison inmate is suing the Government for compensation after returning a positive drug test he claims was the result of passive smoking.
Brent Stuart Alexander said he was subjected to cannabis smoke in the Wellington Prison exercise yard when inmates were forced to "huddle" together on cold days.
Alexander is a convicted paedophile serving a sentence of preventive detention.
His claim, filed in the High Court at Wellington last month, says he does not smoke cannabis and was on a voluntary testing programme.
Alexander was randomly selected for testing in June and returned a positive result of 21 nanograms of THC - the active ingredient in cannabis - per millilitre of urine.
The Department of Corrections last night confirmed that inmates were allowed to have 15 nanograms of THC per millilitre of urine.
"Levels of 15 and above indicate recent use of cannabis and not passive inhalation," said National Crime Prevention Co-ordinator Tony Coyle. "International tests have concluded that levels of 15 or below may be attributed to passive inhalation."
Auckland solicitor David Watt, acting for Alexander, said the case would expose Government attitudes to drug use in prison. "Under prison regulations it seems to be accepted."
Alexander is asking the court to overturn his drug use conviction and award costs and compensation.
Jail made me inhale says dope-test prisoner
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