(a) For purposes of this section:

(1) “Drug masking product” means a substance, including synthetic urine, designed to be added to human urine or to human hair for the purpose of defrauding an alcohol or drug urine screening test.

(2) “Synthetic urine” means a substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.

Attorney's Note

Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class E felonyup to 5 years
Class B misdemeanorup to 6 monthsup to $1,150
For details, see Del. Code Ann.tit. 11, § 4205 and Del. Code Ann.tit. 11, § 4206

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Terms Used In Delaware Code Title 16 Sec. 4770

  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Delaware Code Title 16 Sec. 4701
  • Drug: means (i) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them; (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (iii) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii) of this paragraph. See Delaware Code Title 16 Sec. 4701
  • Person: means individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, or any other legal entity. See Delaware Code Title 16 Sec. 4701

(b) It is unlawful for any person to do any of the following:

(1) Possess a drug masking product.

(2) Distribute, deliver, or sell a drug masking product or to possess a drug masking product with the intent to distribute, deliver, or sell the drug masking product.

(c) (1) Violation of paragraph (b)(1) of this section is a class B misdemeanor.

(2) Violation of paragraph (b)(2) of this section is a class E felony.

82 Del. Laws, c. 146, § 1;