A woman is suing a Georgia county after spending four months in jail for a misidentified bag of cotton candy, she says.
Dasha Fincher, of Monroe County, Ga., says police tested a bag of cotton candy found in her car during a roadside test on New Year’s Eve of 2016 and labeled it methamphetamine, according to a local CBS affiliate.
The officers who tested the substance said they pulled Fincher over because the car she was riding in had dark window tints, although they later admitted the window coloring was legal.
The officers then tested an open bag of what Fincher says was blue cotton candy and said it tested positive for methamphetamines. Fincher was then arrested and charged with possession and trafficking of meth with intent to distribute and held in jail on $1 million bail.
Lab tests later showed the substance in the bag was not an illegal drug and charges were eventually dropped, but Fincher spent four months in jail due to not being able to afford the bond.
Fincher is suing the county, the two deputies who performed the test and the company that manufactured the drug test.
Fincher’s lawsuit argues that the Monroe County officers were reckless and negligent and that the blue food coloring in the cotton candy likely caused the false positive.
The suit cites a North Carolina company, Sirchie Acquisitions, as the manufacturer of the test.
The Hill has reached out to lawyer Benjamin Vaughn, who is representing Monroe County in this lawsuit, and the Monroe County Sheriff's office for comment.