California and Delaware have both just passed state laws that prohibit individuals from distributing, delivering, or selling drug masking products. This also includes possessing with intent to distribute, deliver, or sell.
In this case, a drug masking product refers to synthetic urine or any substance designed to be added to human urine or hair for the purpose of defrauding a drug or alcohol test.
California and Delaware join eighteen other states that have outlawed synthetic urine to falsify drug tests. And many expect that some remaining states will soon follow suit.
As employment drug testing has becoming increasingly popular, so has the sale of drug masking products. ‘Booming’ fake urine sales have been attracting the attention of state lawmakers for quite some time now.
Yet companies that manufacture and sell urine are often able to operate as legal businesses by claiming that their product isn’t meant to be used to falsify drug tests. For example, one fake urine manufacturer, Quick Fix, states that their products are “to be used in accordance with all local state and federal laws and [are] not to be used for lawful administered drug tests.”
However, their testimonial page implies that they are aware customers are using the product to pass drug tests
“Got the job! -Vanessa, CA.”
“I passed my 10 panel test, it was easy to use. -Greg, AK.”
With increasing awareness surrounding new drug masking methods, cheating has becoming increasingly difficult. However you should ensure that your drug test administrators are trained on how to prevent or detect the use of drug masking or fake urine products.