Some people who are required to take drug tests try to defeat the test. Some methods (like drinking lots of cranberry juice in the hope of washing THC out of your system) are legal, although they may not be as effective as the person facing a drug test might hope. Other methods have been made illegal in Texas.
What Qualifies as Falsification of Drug Test Results
It is a crime to knowingly or intentionally do either of the following:
- Use or possess with intent to use a substance or device that is designed to falsify test results;
- Deliver, possess with intent to deliver, or manufacture with intent to deliver a substance or device that is designed to falsify test results.
“Drug test” refers to a lawfully administered test to detect the presence of a controlled substance such as marijuana. It does not include tests for alcohol consumption.
If a person uses a substance (like cranberry juice) that is not designed to falsify test results, no crime is committed. A “blocking agent” that is designed to thwart drug tests might be a substance that is designed to falsify test results. “Blocking agents” tend to be ineffective but using or delivering a blocking agent in order to falsify a test result could result in a criminal charge even if the agent does not work.
A device that is designed to hold drug-free urine and to deliver it through a concealed tube is an example of a device designed to falsify test results. The purpose for which a device is “designed” may be ambiguous, however, and that ambiguity may provide a defense to the charge.
Penalties for Falsifying Drug Test Results
If the crime involves the use or possession with intent to use the substance or device, it is a Class B misdemeanor, punishable by a jail sentence of not more than 180 days and/or a fine. If the crime involves the delivery, possession with intent to deliver, or manufacture of the substance or device, it is a Class A misdemeanor, punishable by a jail sentence of not more than 1 year and/or a fine.
Consult With an Attorney Today
If you are charged with falsifying drug test results or with using or selling a device that is designed to thwart drug tests, the lawyers at Hamilton, Hull & Byrd are prepared to scrutinize the charges and prepare your defense. Contact us to discuss your case.