Erowid Drug Testing Vaults : Laws Regarding Drug Testing Privacy / Defense Products

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Drug Testing Defense Product Law

by Erowid
Feb 2003

Some states in the US have passed laws prohibiting the use of products which protect the urinary, hair, or blood privacy of individuals by making it illegal to use any product for the purpose of confusing a drug screen. In 1997, Pennsylvania passed a law making it a a third-degree misdemeanor to sell or use "drug-free urine for the purpose or with the intent or knowledge that the urine will be used for evading or causing deceitful results in a test for the presence of drugs."

North Carolina, South Carolina, New Jersey, Nebraska, and Pennsylvania are among states controlling the use of such products. If anyone knows of other states which have passed these laws or are considering their passage, please let us know.

Nebraska : Reportedly illegal to use drug testing defense products for urine drug screening. Nebraska's legislative website is flaky and we haven't found the citation yet.
New Jersey : 2002. Crime to "defraud the administration of a drug test": New Jersey Permanent Statute : 2C:36-10. Text of Law
North Carolina : Effective December 2002. A crime to "defraud" a drug test. Under 14-401.20. First offense is a misdemeanor, second is a felony. text of law
Pennsylvania : Chapter 75: 7509 "Furnishing drug-free urine" This law bans using products specifically for causing "deceitful results" on a urine test. Text of Law
South Carolina : 1999 law passed : crime to sell urine to "defraud" a urine test. Under Title 16 (16-13-470), South Carolina attempted to stop the use of any product to defraud a body-fluid test and made a first offense a midemeanor and subsequent offenses felonies.http://www.scstatehouse.net/code/t16c013.htm
Texas : Misdemeanor to "ntentionally uses or possesses with intent to use any substance or device designed to falsify drug test results." or to sell any product for this purpose. (chapter 481, subchapter 1. part 133). Effective date: 1989. Thanks to dean.

Last Modified - Tue, Mar 9, 2004

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