Defrauding the administration of a drug test, N.J.S.A. 2c:36-10

Defrauding the administration of a drug test, N.J.S.A. 2c:36-10, methylenedioxymethamphetamine, MDMA, Molly, Adam, Beans, Clarity, Disco Biscuit, E, Ecstasy, Eve, Go, Hug Drug, Lover's Speed, Peace, STP, X, XTC, syringe, drug paraphernalia, urine, urine kit, shampoo, herb, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, attorney, lawyerCops from Lakehurst, New Jersey, recently charged a woman with defrauding the administration of a drug test, among other offenses. It all started on a recent Sunday afternoon. A cop stopped a motor vehicle for an alleged broken brake light. For reasons omitted by the news release, the cop searched the vehicle. Subsequently, he found methylenedioxymethamphetamine (MDMA or Molly), a syringe, drug paraphernalia, and a bottle of urine, per the news. The passenger allegedly admitted her plan to sell the urine to a friend. She allegedly told the cop the purpose was to help the friend pass a drug test. Consequently, the cop charged her with defrauding the administration of a drug test, per the news. Additionally, he charged the passenger and driver with MDMA, hypodermic needle, and paraphernalia possession. Finally, he charged the driver with CDS possession in a car and failure to maintain lamps.

Defrauding the administration of a drug test, N.J.S.A. 2c:36-10

Statute

1. a. As used in this act, defraud the administration of a drug test means to submit a substance that purports to be from a person other than its actual source, or purports to have been excreted or collected at a time other than when it was actually excreted or collected, or to otherwise engage in conduct intended to produce a false or misleading outcome of a test for the presence of a chemical, drug or controlled dangerous substance, or a metabolite of a drug or controlled dangerous substance, in the human body. It shall specifically include, but shall not be limited to, the furnishing of urine with the purpose that the urine be submitted for urinalysis as a true specimen of a person.

b. Any person who offers for sale or rental, or who manufactures, sells, transfers, or gives to any person, any instrument, tool, device or substance adapted, designed or commonly used to defraud the administration of a drug test, is guilty of a crime of the third degree.

c. Any person who knowingly defrauds the administration of a drug test that is administered as a condition of employment or continued employment as a law enforcement officer, corrections officer, school bus driver, operator of a motorbus, employee of a rail passenger service, firefighter, provider of emergency first-aid or medical services, or any other occupation that requires the administration of a drug test as a condition of employment or continued employment by law, rule or regulation of the State or a local agency, public authority, or the federal government, is guilty of a crime of the third degree.

d. Any person who knowingly defrauds the administration of a drug test that is administered as a condition of monitoring a person on bail, in custody or on parole, probation or pretrial intervention, or any other form of supervision administered in connection with a criminal offense or juvenile delinquency matter, is guilty of a crime of the third degree.

e. Any person who knowingly possesses any instrument, product, tool, device or substance adapted, designed or commonly used to defraud the administration of a drug test is guilty of a crime of the fourth degree.

f. Any person who knowingly defrauds the administration of a drug test which is administered as a condition of any employment or continued employment not specified in subsection c. of this section is guilty of a crime of the fourth degree.

Legislative History

In 2002, the New Jersey legislature prohibited the use or sale of products designed to defraud drug tests. Employers and correctional authorities had increasingly used these tests to detect alcohol and drug use. For example, employers used these tests with new hires and existing personnel. Additionally, correctional authorities used these tests during periods of incarceration, parole, and probation.

Therefore, a market developed for the sale and distribution of products to avoid detection. Some examples include urine kits, detoxification products like shampoos, and other additives to evade detection of alcohol and drug use. Urine kits included a pouch with urine, tubing, and a heat packet to warm the sample to avoid detection.

Consequently, the New Jersey Legislature responded to the proliferation of these products. The Assembly and Senate had intended to make the manufacture, distribution, or sale of these products a fourth degree crime. Additionally, they intended to make the use of these products a disorderly persons offense. Thus, the Assembly introduced Bill A2098 on March 18, 2002, and the Senate introduced Bill S1384 on March 25, 2002.

N.J. Assembly Committee

Subsequently, on May 16, 2002, the Assembly Law and Public Safety Committee adopted the Assembly Committee Substitute for A2098. The Substitute for A2098 set forth a third degree crime to manufacture, distribute, or sell these products. Additionally, it established a third degree crime to use these products to defraud a test for various public sector jobs. Furthermore, the Substitute made it a fourth degree crime to possess these products. Similarly, it established a fourth degree crime to use these products to defraud a test for other jobs. The General Assembly approved the Assembly Committee Substitute on June 13, 2002.

N.J. Senate Committee

On the same day, the Senate Law and Public Safety and Veterans’ Affairs Committee adopted Senate Committee Substitute for S1384. The Substitute for S1384 was identical to the Assembly Committee Substitute for A2098.

Thus, on August 3, 2002, the New Jersey Legislature enacted the law against defrauding the administration of a drug test under N.J.S.A. 2c:36-10.

South Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Indeed, a charge of defrauding the administration of a drug test calls for an aggressive defense, and Mr. Smolensky can provide consultations for all such cases. Call Now—(856) 812-0321.

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