Oklahoma Man Sentenced to 15 Years for Cocaine Possession; Turns Out it Was Just Powdered Milk

An Oklahoma man who was sentenced to 15 years in prison for cocaine possession was cleared of all charges after a lab analysis determined that the white substance originally thought to be cocaine was actually powdered milk.

Cody Gregg was arrested on August 12, 2019, in Oklahoma City. Gregg was riding a bicycle without rear lights, prompting police to stop him. According to an affidavit obtained by the Oklahoman, Gregg tried to flee from police before officers caught up to him, searched his backpack and found a clear bag containing a large amount of white powder. The substance was tested and determined to be cocaine. Gregg was charged with drug trafficking and was held on a $50,000 bond. At the time of his arrest, Gregg was on probation for previous drug-related charges.

In his first court appearance, Gregg pleaded not guilty to the drug trafficking charges and was held for roughly two months in Oklahoma County Jail. In October, Gregg pleaded guilty to the lesser charge of cocaine possession with the intent to distribute and was sentenced to 15 years in prison.

After returning to court a few days later, Gregg withdrew his guilty plea after a lab test determined the white substance to actually be powdered milk. Gregg told Oklahoma County District Judge Timothy R. Henderson that he had found the substance in a food pantry and had entered his guilty plea in order to be released from Oklahoma County Jail. The judge granted Gregg’s request and the case was dismissed the next day.

Oklahoma County Jail is known for its exceptionally poor conditions and is said to have some of the worst conditions in the country including overcrowding, mold, and unusually high suicide rates.

The arresting officer determined the substance to be cocaine due to his training and experience. The field test – also known as a presumptive test – administered by police showed the substance to be cocaine. Many forensic experts have routinely criticized the use of presumptive testing. According to a 2018 report by the National Institute of Justice’s Forensic Technology Center of Excellence, presumptive testing is used to establish the possibility that a substance may be present, and therefore can result in false positives and false negatives.