§ 5-60-201 - Unlawful activities. - Arkansas Statutes

5-60-201. Unlawful activities.

(a) (1) (A) It is unlawful for a person to:

(i) Sell, give away, distribute, or market human or synthetic urine in this state or transport human or synthetic urine into this state with the intent of using the human or synthetic urine to defraud or cause deceitful results in a drug or alcohol screening test;

(ii) Attempt to foil or defeat a drug or alcohol screening test by substituting synthetic urine or substituting or spiking a human urine sample or by advertising urine sample substitution or human urine spiking devices or measures;

(iii) Adulterate a human urine sample or other human bodily fluid sample with the intent to defraud or cause deceitful results in a drug or alcohol screening test;

(iv) Possess adulterants which are intended to be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test; or

(v) Sell or market an adulterant with the intent by the seller or marketer that the product be used to adulterate a human urine sample or other human bodily fluid sample for the purpose of defrauding or causing deceitful results in a drug or alcohol screening test.

(B) As used in this section, "adulterant" means a substance that is not expected to be in human urine or another human bodily fluid or a substance expected to be present in human urine or another human bodily fluid but that is at a concentration so high that it is not consistent with human urine or another human bodily fluid, including without limitation:

(i) Bleach;

(ii) Chromium;

(iii) Creatinine;

(iv) Detergent;

(v) Glutaraldehyde;

(vi) Glutaraldehyde/squalene;

(vii) Hydrochloric acid;

(viii) Hydroiodic acid;

(ix) Iodine;

(x) Nitrite;

(xi) Peroxidase;

(xii) Potassium dichromate;

(xiii) Potassium nitrite;

(xiv) Pyridinium chlorochromate; and

(xv) Sodium nitrite.

(2) Upon conviction, a person who violates subdivision (a)(1)(A) of this section is guilty of a Class B misdemeanor.

(b) Intent to defraud or cause deceitful results in a drug or alcohol screening test is presumed if:

(1) A heating element or any other device used to thwart a drug screening test accompanies the sale, giving, distribution, or marketing of human or synthetic urine; or

(2) Instructions that provide a method for thwarting a drug screening test accompany the sale, giving, distribution, or marketing of human or synthetic urine.