(a)(1) In this section the following words have the meanings indicated.
(2) “Bodily fluid” means blood, urine, saliva, or other bodily fluid.
(3)(i) “Bodily fluid adulterant” means any substance or chemical that is intended, for the purpose of altering the results of a drug or alcohol screening test, to be:
1. consumed by a person;
2. introduced into the body of a person; or
3. added to or substituted for a sample of bodily fluid.
(ii) “Bodily fluid adulterant” includes synthetic urine.
(4) “Controlled dangerous substance” has the meaning stated in § 5-101 of this article.
(5) “Drug” has the meaning stated in § 5-101 of this article.
(6) “Drug or alcohol screening test” means an analysis of a sample of bodily fluid collected from a person for the purpose of detecting the presence of alcohol, drugs, or a controlled dangerous substance in the bodily fluid of the person.
Prohibited
(b) A person may not, with intent to defraud or alter the outcome of a drug or alcohol screening test:
(1) alter a bodily fluid sample;
(2) substitute a bodily fluid sample, in whole or in part, with:
(i) a bodily fluid sample of another person or animal; or
(ii) any other substance;
(3) possess or use a bodily fluid adulterant;
(4) sell, distribute, or offer to sell or distribute:
(i) any bodily fluid from a human or any animal; or
(ii) any bodily fluid adulterant; or
(5) transport into the State:
(i) any bodily fluid from a human or any animal; or
(ii) any bodily fluid adulterant.
Penalty
(c) A person who violates this section is guilty of:
(1) for a first violation, a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2) for each subsequent violation, a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Credits
Added by Acts 2003, c. 97, § 1, eff. Oct. 1, 2003. Amended by Acts 2005, c. 251, § 1, eff. Oct. 1, 2005; Acts 2008, c. 311, § 1, eff. Oct. 1, 2008.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
