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12-30-2009, 11:40 PM #7OPJunior Member
Dilution Not Working For Me (Yet)
Actually, this can be VERY serious...take a look at this NJ legislation, which I just uncovered tonight in my research:
http://trendsinamerica.com/knowledge...l/DrugTest.pdf
§1 - C.2C:36-10
P.L. 2002, CHAPTER 60, approved August 3, 2002
Assembly Committee Substitute for
Assembly, No. 2098
1 AN ACT concerning defrauding the administration of a drug test and
2 supplementing chapter 36 of Title 2C of the New Jersey Statutes.
3
4 BE IT ENACTED by the Senate and General Assembly of the State
5 of New Jersey:
6
7 1. a. As used in this act, ??defraud the administration of a drug
8 test? means to submit a substance that purports to be from a person
9 other than its actual source, or purports to have been excreted or
10 collected at a time other than when it was actually excreted or
11 collected, or to otherwise engage in conduct intended to produce a
12 false or misleading outcome of a test for the presence of a chemical,
13 drug or controlled dangerous substance, or a metabolite of a drug or
14 controlled dangerous substance, in the human body. It shall
15 specifically include, but shall not be limited to, the furnishing of urine
16 with the purpose that the urine be submitted for urinalysis as a true
17 specimen of a person.
18 b. Any person who offers for sale or rental, or who manufactures,
19 sells, transfers, or gives to any person, any instrument, tool, device or
20 substance adapted, designed or commonly used to defraud the
21 administration of a drug test, is guilty of a crime of the third degree.
22 c. Any person who knowingly defrauds the administration of a
23 drug test that is administered as a condition of employment or
24 continued employment as a law enforcement officer, corrections
25 officer, school bus driver, operator of a motorbus, employee of a rail
26 passenger service, firefighter, provider of emergency first-aid or
27 medical services, or any other occupation that requires the
28 administration of a drug test as a condition of employment or
29 continued employment by law, rule or regulation of the State or a local
30 agency, public authority, or the federal government, is guilty of a
31 crime of the third degree.
32 d. Any person who knowingly defrauds the administration of a
33 drug test that is administered as a condition of monitoring a person on
34 bail, in custody or on parole, probation or pretrial intervention, or any
35 other form of supervision administered in connection with a criminal
36 offense or juvenile delinquency matter, is guilty of a crime of the third
37 degree.
38 e. Any person who knowingly possesses any instrument, product,
39 tool, device or substance adapted, designed or commonly used to
40 defraud the administration of a drug test is guilty of a crime of the
41 fourth degree.
42 f. Any person who knowingly defrauds the administration of a
43 drug test which is administered as a condition of any employment or
44 continued employment not specified in subsection c. of this section is
ACS for A2098
2
1 guilty of a crime of the fourth degree.
2
3 2. This act shall take effect immediately.
4
5
6
7
8 Criminalizes defrauding administration of a drug test.
Originally Posted by branall1
So, consider the circumstances of a pre-employment check, and if one were to get caught trying to substitute, then the potential pentalties for a fourth degree crime in NJ are as follows:
New Jersey Criminal Codes. NJ Criminal Penalties - Samuel Sachs, Esq.
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
I am not going to draw this out much, but the fact is that there is so much disinformation out there on the Internet, and it's not really clear sometimes what information is real and what is not. For example, just because we don't read any stories of this happening, does not mean it doesn't happen all the time. It's quite misleading (possibly) that all the 'success' stories we read about on these threads are only a small percentage compared to the number of people that actually fail or are caught/criminalized by trying to substitute...hell, even water loading (dilution) is technically a crime, but MUCH, MUCH harder to prove as there is actually no physical evidence other than watered down urine. But it's much harder to prove criminal intent/behavior with a dilute specimen than it is to prove when you have a vial of synthetic urin you're trying to pass off as your own...
I know, I must seem VERY paranoid, but the fact is that if someone does get caught trying to substitute, and if they were arrested/prosecuted, then where is their life headed?
Just something to consider, and I haven't seen ANYTHING written on this topic in-depth...yet I think it's worth discussing, at least in states where such activity is now a crime, such as NJ, Pensylvania, New Hampshire and a few other states....just my two cents...thoughts?
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