December 28, 2006 |
2007-R-0021 | |
DRUG TEST BLOCKERS | ||
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By: Saul Spigel, Chief Analyst | ||
You asked how blockers for drug tests using hair work and what legislation other states have enacted concerning test blockers.
SUMMARY
Substances that purport to block positive tests basically wash the hair to remove or dilute traces of drug and the metabolites they form. Dr. Robert Powers, director of the Department of Public Safety's Controlled Substance and Toxicology Laboratory, is generally skeptical about blockers' effectiveness. Shampoo, he says, is equally effective.
At least 13 states outlaw various forms of interference in drug testing, although several apply only to testing urine or other bodily fluids. These laws generally make it a crime to manufacture, sell, advertise, market, distribute, or possess blocking agents or devices with intent to defraud a test.
TEST BLOCKING AGENTS
Drug tests using hair isolate specific drugs and the metabolites they form when the drug is ingested or comes in contact with hair. If a sample tests positive, the lab typically performs a gas chromatography mass spectrometry test to confirm. Substances that purport to block positive tests basically wash the hair to remove or dilute drug and metabolite traces.
Dr. Robert Powers, director of the Department of Public Safety's Contolled Substance and Toxicology Laboratory, is generally skeptical about blockers' effectiveness. Powers previously ran the urine testing program for Psychomedics, a major national drug testing laboratory. He stated that shampooing hair is as effective as products that can be purchased over the Internet. Shampoo and blockers work best on thin, blond hair; people with dark, curly hair are most susceptible to drug tests using hair. Similarly, Powers said, drinking water or common diuretics like orange juice is as effective a way to skew drug urine tests as commercially available dilutants.
Hair testing, according to Powers, reveals if a subject has used drugs within the past three months, but it cannot spot whether the subject used drugs within the past few days. And, because hair absorbs drugs from the environment, testing it cannot tell investigators whether a subject smoked marijuana or was merely in the presence of someone who did. Powers believes drug tests using hair work best in pre-employment screening. He rarely uses them in forensic work.
OTHER STATES' DRUG TEST INTERFERENCE LAWS
At least 13 states outlaw various forms of interference in drug testing, although several limit their laws to testing urine or bodily fluids. Florida, Kentucky, and New Jersey outlaw the sale of any product designed to defraud or falsify a drug test. Louisiana and Texas make it illegal for an individual knowingly or intentionally to deliver or manufacture substances designed to falsify or alter drug test results. Maryland and New Jersey prohibit possession of an adulterant. Table 1 summarizes these states' laws. A 2005 Government Accountability Office report provides additional information. It is available at http: //frwebgate. access. gpo. gov/cgi-bin/useftp. cgi?IPaddress=162. 140. 64. 21&filename=d05653t. pdf&directory=/diskb/wais/data/gao.
Table 1: State Drug Test-Blocking Laws
State |
Prohibited Acts |
Applies To |
Penalties |
Cite |
FL |
• Willfully defraud or attempt to defraud any lawfully administered urine test • Willfully manufacture, advertise, sell, or distribute any substance or device intended to defraud or attempt to defraud test |
Urine only |
1st degree misdemeanor; Up to 1 yr. in prison or fine up to $ 1,000 |
Fl. Stat. , 817. 565 |
IL |
• Manufacture, sell, give away, distribute, or market synthetic or human substances or other products in state with intent to defraud drug or alcohol test • Attempt to foil a test by substituting or spiking a sample or advertising a device or sample to do this • Adulterate synthetic or human substance to defraud test • Manufacture, sell, or possess adulterants intended for use in defrauding test |
Any sample |
Class 4 felony; $ 1,000 minimum fine |
720 ILCS 5/17-28 |
KY |
Knowingly manufacture, market, or distribute any product intended to defraud alcohol or drug test |
Any sample |
Class D felony; 1 to 5 years in prison and $ 1,000 to $ 10,000 fine |
KSA 516. 108 |
LA |
• Intentionally falsify or alter a drug test or attempting to do so by substituting urine or other samples • Use any device to obscure the presence of a substance • Knowingly & intentionally deliver, possess with intent to deliver, or manufacture a substance or device designed or intended solely to falsify or alter drug test results |
Any sample |
Up to 6 month in prison, up to $ 500 fine, or both |
La RS 14: 133. 3 |
MD |
With intent to defraud or alter a test outcome: • Alter a sample • Substitute a sample • Possess or use an adulterant • Sell or distribute an adulterant or false bodily fluid or offer to do so • Transport an adulterant or false sample into the state |
Bodily fluids only |
• 1st violation: up to 1 year in prison, fine up to $ 1,000, or both • subsequent violations: up to 3 years in prison, fine up $ 5,000, or both |
Md Code, § 10-111 |
NE |
Provide, acquire, or use body fluids to alter test results |
Bodily fluids only; employment tests only |
Class 1 misdemeanor; up to 1 year in prison, fine up to $ 1,000, or both |
NE R. Stat. § 48-1908 |
NJ |
• Offer for sale or rent, or manufacture, sell, transfer, or give any instrument, tool, device, or substance designed or commonly used to defraud drug test • Knowingly defraud administration of an employment drug test for specified occupations • Knowingly defraud administration of a test for monitoring a person on bail, probation, parole or pretrial intervention • Knowingly defraud administration of an employment drug test for any other occupation • Knowingly possess any instrument, tool, device, or substance designed or commonly used to defraud drug test |
Any sample |
• Crime of 3rd degree (1st 3 bullets); 3 to 5 years in prison, fine up $ 15,000 • Crime of 4th degree (last 2 bullets); up to 18 months in prison, fine up to $ 10,000 |
NJ Rev. Stat. , 2C: 36-10 |
NC |
• Sell, give away, distribute, or market urine in the state or transport it into state with intent to defraud drug or alcohol test • Attempt to foil drug or alcohol test by substituting or spiking sample or advertising substitutions or spiking device • Adulterate urine or bodily fluid sample with intent to defraud test • Possess adulterants • Sell aldulterants |
Urine and bodily fluids |
• 1st offense: Class 1 misdemeanor; • Subsequent offense: Class 1 felony; |
NC Gen. Stat. , 14-401. 20 |
OK |
• Sell, give away, distribute, or market human or synthetic urine in state or transport into state with intent to defraud or cause deceitful results in drug or alcohol test • Attempt to foil drug or alcohol test by substituting or spiking sample • Advertise any product designed to foil test • Adulterate urine or other bodily fluids with intent to defraud test • Possess adulterants intended to adulterate urine or other bodily fluid test • Sell or market an adulterant with intent that it be used to defraud test |
Urine and bodily fluids |
Misdemeanor; up to 1 year in prison, fine up to $ 1,000, or both |
|
SC |
• Sell, give away, distribute, or market urine in state or transport it into state with intent to defraud drug or alcohol test • Attempt to foil drug or alcohol test by substituting or spiking sample or advertising to do so • Adulterate urine or other bodily fluids with intent to defraud test • Possess adulterants intended to adulterate urine or other bodily fluid test • Sell adulterant intended for use to defraud test |
Urine and bodily fluids |
• 1st offense: misdemeanor; up to 3 years in prison, fine up to $ 5,000, or both • Subsequent offense: felony; up to 5 years in prison, fine up to $ 10,000, or both |
S. C. Code,16-13-470 |
TX |
• Knowingly or intentionally use or possess with intent to use a substance or device designed to falsify a drug test • Knowingly or intentionally deliver, possess with intent to deliver, or manufacture with intent to deliver a substance or device designed to falsify a drug test |
Any sample |
• Use or possession is class B misdemeanor; up to 180 days in jail, fine up to $ 2,000, or both • Delivery or manufacture is class A misdemeanor; up to 1 year in jail, fine up to $ 4,000 or both |
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