Possible, but not likely. I think no tox report was ever done. All we have to find out is whether the examiners took a blood and urine sample...
If later a report is found, then Nifong has plausible deniability as to whether he lied or not to the court/defense. I don't trust anything he says.
On Fox and MSNBC they said on the Medical report, the box was NOT checked indicating a TOX report had been done.
A scientist on MSNBC (Kobilinsky) said that they did take Blood, but Urine is needed to detect Date-Rape drugs according to him. They didn't collect urine.
The same scientist said it would be normal for a TOX test to be done with the police reporting her behavior and taking her to the psychiatrict unit first.
In North Carolina though, they can't test someone reporting a sexual assault without their consent. The AV declining the TOX test would explain everything.
There was no tox done, according to the box checked inquiring about that on the medical report. Those are usually done through a urine sample, anyway.