Cheating a drug test in Texas is illegal
While the debate to legalize marijuana rages, the subject of drug testing for intoxication while off the clock isn’t getting much play. Until this issue gets its day in the sun, people will continue to devise ways of cheating drug tests, generally for obtaining employment. Many do not realize that this is illegal.
This is not a new law, in fact, manipulating the results of a drug test have been illegal in Texas since 1991.
While the law is generally used against those on probation, it can be used against those merely trying to beat an employer’s drug test. Additionally, it is illegal to possess or deliver any substance, another person’s urine included, for the intent of falsifying a drug test. On top of this, the law also prohibits any device which would help facilitate the cheating of a drug test.
According to Texas Health and Safety Code § 481.133 of the Texas Controlled Substances Act, it is a Class B misdemeanor to possess either a substance or device for manipulating a drug test. This carries a maximum penalty of 180 days in jail and a $2,000 fine.
Delivery of such a substance or device is punishable with a Class A misdemeanor, which will land a person in jail for up to a year with a $4,000 fine.
Possessing either urine or synthetic urine can be enough to prompt an officer to ticket or arrest you for the offense, even if it is not for the purpose of cheating a drug test.
As the state moves towards the basics of medical marijuana legalization, it is possible that we will begin to see people arrested under this law, as medical cannabis patients are not protected from employer drug tests as they normally would be for other medication usage.
Employers could treat those with cannabis metabolites in their system the same way they do with alcohol and tobacco, however many companies would need to see their insurance companies make a shift in policy first.