its never been like that when it comes to dost
every single case in which its referenced comes to a completely different conclusion where even when they do a dost test and it passes they still convict the person all the same like in the case of united states v. johnson in 2010
if you're actually interested in this beyond just coming to the defense of 8chans rulecuckery then you should give this a read
https://scholarship.shu.edu/cgi/viewcontent.cgi?article=1132&context=student_scholarship