(a) Any person who: (1) Knowingly sells, gives away, distributes or markets any substance or product in this state or transports such a substance or product into this state with the intent that the substance or product will be used to defeat a drug or alcohol screening test; (2) Attempts to defeat a drug or alcohol screening test by the substitution of a false sample; (3) Knowingly advertises for sale or distribution any substance or product the advertised purpose of which is to defeat a bodily fluid screening test for drugs or alcohol; (4) Adulterates a bodily fluid sample with the intent to defeat a drug or alcohol screening test; a (5) Knowingly possesses adulterants for the purpose of defeating a drug or alcohol screening test; or (6) Knowingly sells adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defeating a drug or alcohol screening test. (b) A person who violates a provision of subsection (a) of this section: (1) For a first offense is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000; L (2) For a second offense is guilty of a misdemeanor and, upon conviction, be fined not more than $5,000; and (3) For a third or subsequent offense is guilty of a misdemeanor and, upon conviction, be fineWd not more than $10,000 or confined in the regional jail for not more than one year, or both. (c) As used in this section, "adulterate" means a substance that is not expected to be in human fluids but that is a concentration so high that it is not consistent with human bodily fluids, including, but not limited to: (1) Bleach; (2) Chromium; (3) Creatinine; (4) Detergent; (5) Glutaraldehyde; (6) Glutaraldehyde/squalene; (7) Hydrochloric acid; (8) Hydroiodic acid; (9) Iodine; (10) Nitrite; (11) Peroxidase; (12) Potassium dichromate; (13) Potassium nitrate; (14) Pyridinium chlorochromate; and (15) Sodium nitrite. s
‹ Prev All West Virginia sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.