Senate Bill 2644

AN ACT TO CREATE THE CRIME OF SELLING, TRANSFERRING, MARKETING OR GIVING AWAY URINE FOR THE PURPOSE OF ADULTERATING A HUMAN URINE SAMPLE FOR A CHEMICAL TEST; TO PROVIDE PENALTIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section, "adulterant" means a substance that is not expected to be in human urine or another human bodily fluid or a substance expected to be present in human urine or another human bodily fluid but that is at a concentration so high that it is not consistent with human urine or another human bodily fluid, including, without limitation:

(a) Bleach;

(b) Chromium;

(d) Detergent;

(e) Glutaraldehyde;

(f) Glutaraldehyde/squalene;

(g) Hydrochloric acid;

(h) Hydroiodic acid;

(i) Iodine;

(j) Nitrite;

(k) Peroxidase;

(l) Potassium dichromate;

(m) Potassium nitrite;

(n) Pyridinium chlorochromate; and

(o) Sodium nitrite.

(2) It is unlawful for a person to:

(a) Sell, give away, distribute, manufacture or market human or synthetic urine in this state or transport human or synthetic urine into this state with the intent of using the human or synthetic urine to defraud or cause deceitful results in a drug or alcohol screening test;

(b) Attempt to defeat or interfere with the results of a drug or alcohol screening test by substituting synthetic urine or substituting or spiking a human urine sample or by advertising urine sample substitution or human urine spiking devices or measures;

(c) Possess adulterants with intent to use such a substance to adulterate a human urine sample or other human bodily fluid sample with intent to defraud or cause deceitful results in a drug or alcohol screening test; or

(d) Sell or market an adulterant with the intent by the seller or marketer that the product be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test.

(3) There shall be a rebuttable presumption of intent to defraud or obtain deceitful results in a drug or alcohol screening test if:

(a) A heating element or any other device used to thwart a drug screening test accompanies the sale, giving, distribution, manufacture or marketing of human or synthetic urine; or

(b) Instructions that provide a method for thwarting a drug screening test accompany the sale, giving, distribution, manufacture or marketing of human or synthetic urine.

(4) Upon a first conviction, a person who violates this section is guilty of a misdemeanor and shall be subject to a fine of One Thousand Dollars ($1,000.00), imprisonment for six (6) months, or both. For a second or subsequent conviction, a person who violates this section is guilty of a felony and shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections not to exceed three (3) years or both.

(5) Nothing in this act shall be construed to encourage, conflict, or otherwise interfere with the preemption of state and local laws under federal laws or United States Department of Transportation regulations related to drug testing procedures and confidentiality.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.