Using another person’s urine in a drug test – is it a crime?

On Behalf of | Nov 3, 2023 | Criminal Defense, Drug Charges, Juvenile Crimes

There are various reasons for a drug test. Maybe an employer wants to ensure that prospective new hires are free from the influence of illegal substances. Or a sports organization wants to test if student-athletes aren’t taking any performance-enhancing or recreational drugs. Regardless of the reason for testing, most drug tests will involve urine tests, where medical experts examine a person’s urine sample for any traces of substances like cocaine, fentanyl, opioids and amphetamines.

You might think you can avoid detection in a urine test by swapping your sample with another person’s.  Perhaps you’re worried that a bit of marijuana use could cost you a new job or your place on a sports team, so you decide to purchase a urine sample from another person. However, this seemingly harmless act is a crime in Pennsylvania, with corresponding penalties for anyone convicted.

Using another person’s urine for a drug test is a crime

According to state rules, a person who uses or attempts to use drug-free urine to evade a test violates the law. Their offense is a third-degree misdemeanor, which leads to up to 90 days in jail and $5,000 in fines.

Selling urine for drug tests is also a crime

Similarly, it’s a crime to sell (or attempt to sell) drug-free urine with the intent to help the buyer deceive drug test results. Just like using clean urine, selling the stuff is also a third-degree misdemeanor, so a person convicted faces a maximum 90-day jail sentence and as much as $5,000 in fines.

Trying to fake drug test results isn’t worth it, especially if using a clean urine sample from another person is a crime. Although it’s not the most violent of offenses, the misdemeanor is still listed on a person’s criminal record.

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