3-15 Drug test cheats
Is it a crime to cheat on a drug test? That depends on where you live.
If you have ever taken a drug test and cheated, you’re not alone. While it’s difficult to know exactly how many drug tests have been adulterated, the most common belief is 10 percent.
Cheating on a drug test is not a federal crime. However, there are a number of states that make it illegal.
Texas, for example, has had a law on the books since 1991, according to the Texas Cannabis Report.
The Texas Health and Safety Code § 481.133 of the Texas Controlled Substances Act, makes it Class B misdemeanor to possess either a substance or device for manipulating a drug test. Those found guilty face up to 180 days in jail and a $2,000 fine.
Delivery of such a substance or device is punishable with a Class A misdemeanor, which will land a person in jail for up to a year with a $4,000 fine.
Other states with anti-cheating laws include: Arkansas, Florida, Illinois, Indiana, Nebraska, New Hampshire, New Jersey, North Carolina, North Dakota, Oklahoma Pennsylvania, South Carolina, Virginia and Wyoming. Some simply ban the sale of fake urine, while others call for fines and jail time for those who manipulate a drug test.
Mississippi’s “Urine Trouble Act” died in the Senate after passing in the House during this year’s legislative session. HB 1320 would have made it a crime to sell, market, transfer or give away synthetic urine that could be used to defeat drug tests.
Utah, meantime, passed a bill this year that, if signed by the governor, would make it an infraction to use synthetic urine to defraud a drug test.
Those who try to game the system usually do so in a few ways. There’s dilution, which requires the drinking of copious amounts of water. There’s substitution, which is just that, using someone else’s urine or a synthetic urine in place of your own. And there’s adulteration, which means that something is added to the urine sample that will interfere with the test. People have been known to use everything from bleach to specially formulated chemicals to try to game the system.
Remember, even if it’s not against the law in your state to tamper with a drug sample, it still can result in your not being hired, or in being fired by an employer. If you’re out of jail and on probation, getting caught tampering with a urine sample might also land you back behind bars.
The list of states that either ban the sale of synthetic urine or make cheating on a drug test a crime is not meant to be all inclusive and subject to change. Check with your own state to determine what is prohibited.
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