Iowa Code 715A.11 – Synthetic urine and urine additives — defrauding drug or alcohol test
Current as of: 2023 | Check for updates
|
Other versions
1. A person shall not manufacture, market, sell, distribute, use, or possess synthetic urine or a urine additive for the purpose of defrauding a drug or alcohol test.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 715A.11
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Drug or alcohol test: includes a drug or alcohol test given in a private-sector workplace pursuant to section 730. See Iowa Code 715A.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Synthetic urine: means any substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine for the purpose of defrauding a drug or alcohol test. See Iowa Code 715A.1
- Urine additive: means any substance that is designed to be added to human urine for the purpose of defrauding a drug or alcohol test. See Iowa Code 715A.1
2. A person shall not knowingly use the person’s own urine expelled or withdrawn prior to the collection of a urine sample from the person for a drug or alcohol test for the purpose of defrauding a drug or alcohol test.
3. A person shall not knowingly use the urine of another person for the purpose of defrauding a drug or alcohol test.
4. This section shall not apply to the manufacture, marketing, sale, distribution, use, or possession of synthetic urine or a urine additive if the manufacture, marketing, sale, distribution, use, or possession is solely for educational or law enforcement purposes.
5. A person who violates this section is guilty of a simple misdemeanor for a first offense and a serious misdemeanor for each subsequent offense. The court may require a substance abuse evaluation and treatment through a program licensed by the Iowa department of public health in lieu of or in addition to other penalties. Any substance abuse evaluation required under this subsection shall be completed at the expense of the defendant.
6. Except as prohibited by law, a person who collects a urine sample from another person for a drug or alcohol test, having knowledge or a reasonable suspicion that the other person has used synthetic urine or a urine additive to defraud the test in violation of subsection 1, may report such information to law enforcement authorities.
7. Notwithstanding any other law to the contrary, the prosecution of a person for a violation of this section shall not preclude a prosecution of that person under other applicable law.
8. This section shall not be construed to encourage, conflict with, or otherwise interfere with the preemption of any federal, state, or local laws or regulations related to drug and alcohol testing procedures and confidentiality.