Can you go to jail for cheating on drug tests in Texas?
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When tests are required, some people attempt to cheat on them. There are legal ways to get THC out of your system, such as consuming a lot of cranberry juice. Nevertheless, they might not be as successful as the individual taking a drug test might anticipate. Texas has outlawed some other practices.
Every day, both employers and probation authorities conduct drug testing. Most people have had to take one at least once, whether it was to comply with a requirement of a possible employer or a parole condition following prior drug charges. For those who legally use low-dose THC for therapeutic purposes, drug testing can be especially irritating. It could be alluring for some people to figure out how to ace the exam. Unfortunately, depending on how you go about faking the findings, lying about the results of a drug test in Texas may be a criminal that gets you locked up. Contacting a lawyer should be your top priority if you have been detained for faking drug test results.
One of the first states to enact legislation against drug test fraud was Texas. If someone “knowingly or willfully manufactures, delivers, owns, uses, or possesses a substance or device designed to fake a drug test result,” according to its legislation, they are guilty of a misdemeanor.
What Qualifies as Falsification of Drug Test Results
Actually, the drug test falsification statute does not criminalize the act of fabricating the findings (sometimes known as “cheating the test”).
It is a crime to knowingly or intentionally do either of the following:
- Use or possess with intent to use a substance or device that is designed to falsify test results;
- Deliver, possess with intent to deliver, or manufacture with intent to deliver a substance or device that is designed to falsify test results.
Offense: Falsification of Drug Test Results – Health and Safety Code 481.133
A legally conducted test to find the presence of a controlled substance, like marijuana, is referred to as a “drug test.” Alcohol consumption tests are not part of it.
No criminal is committed if a person consumes a substance (such as cranberry juice) that is not intended to fudge test results. It’s possible that a substance created to skew test results is used as a “blocking agent” to thwart drug tests. “Blocking agents” are frequently unsuccessful, but even if they are, employing or sending one to tamper with a test result could result in legal action.
An example of a device intended to fudge test results is one that can store drug-free urine and distribute it through a covert tube. It may be unclear what a device is “intended” for. However, the vagueness may offer a defense against the accusation.
Why does this matter? Using a tool, such as a fake urine dispenser, or a substance, like a “detox” drink, in an effort to cheat on a drug test makes it illegal under this statute to falsify the results of a drug test. This law does not prohibit other methods of attempting to pass a drug test fraudulently, such as drinking a lot of water, because water is not a chemical that is intended to fudge drug test results. However, it would be against the law under this rule to consume a beverage specifically made to elicit false-negative results on a drug test.
Other strategies for faking drug test results may be prohibited by other laws and penalized as distinct offenses that can sometimes be more serious. For instance, changing the labeling on a urinalysis cup might constitute fraud. Anyone who tries to falsify a drug test will likely be charged with a parole or probation violation in addition to any other charges if the test was required as a part of parole or probation.
Penalties for Falsifying Drug Test Results
if the substance or gadget was used or was in the possession of the offender with the intention to use it. It is a Class B misdemeanor that carries a maximum 180-day jail term and/or a fine. if the manufacturing, distribution, or possession with the purpose to distribute the drug or device is involved in the offense. It is a Class A misdemeanor that carries a maximum one-year jail term and/or a fine.
