76-10-2203. Possession, sale, or use of an adulterant or synthetic urine.
| (1) |
As used in this section, “adulterant” means a substance that may be added to human urine or another human bodily fluid to change, dilute, or interfere with the composition, chemical properties, physical appearance, or physical properties of the urine or other bodily fluid. |
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Terms Used In Utah Code 76-10-2203
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
| (2) |
Under circumstances not amounting to a violation of Section 76-8-510.5, it is unlawful for a person to:
| (a) |
distribute, possess, or sell synthetic urine; |
| (b) |
distribute or sell an adulterant with:
| (i) |
intent that the adulterant be used to defeat or defraud an alcohol or drug screening test; or |
| (ii) |
knowledge that the recipient of the adulterant intends to use the adulterant to defeat or defraud an alcohol or drug screening test; |
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| (c) |
possess an adulterant with intent to use the adulterant to defeat or defraud an alcohol or drug screening test; or |
| (d) |
intentionally use:
| (i) |
an adulterant to defeat or defraud an alcohol or drug screening test; |
| (ii) |
the person’s urine or bodily fluid to defeat or defraud an alcohol or drug screening test if the urine or bodily fluid was expelled or withdrawn before the time at which the urine or bodily fluid is collected for the test; or |
| (iii) |
the urine or bodily fluid of another person to defeat or defraud an alcohol or drug screening test. |
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| (3) |
A person who violates this section is guilty of an infraction. |
| (4) |
A person is not guilty of a violation of this section for engaging in conduct described in this section for the sole purpose of education or medical or scientific research. |
| (5) |
This section does not apply to persons currently under:
| (a) |
court-ordered supervision; or |
| (b) |
the supervision of the Board of Pardons and Parole. |
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| (6) |
An entity that collects specimens for the purpose of testing and screening, and reports the results back to an employer shall report to the employer and the Department of Public Safety if a report is received that indicates that adulterated or synthetic urine was submitted for an alcohol or drug screening test. |
Enacted by Chapter 97, 2019 General Session
