What is the Texas law on falsifying a drug test?
You found yourself needing to pass a drug test for work, probation, or some other reason, but you know you will fail. What should you do? We’re not going to advise you on what to do, but here is what happens if you get caught.
The answer to this question lies in the Texas Health and Safety Code. We turn to Section 481.133 – Offense: Falsification of Drug Test Results:
(a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use any substance or device designed to falsify drug test results.
(b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver a substance or device designed to falsify drug test results.
(c) In this section, “drug test” means a lawfully administered test designed to detect the presence of a controlled substance or marihuana.
(d) An offense under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (b) is a Class A misdemeanor.
What does that mean? Let’s break it down…
Section “a” deals with knowingly or intentionally using or possessing with intent to use a device that is used to falsify drug tests. The most common item we see people get caught with is The Wizzinator, which is a device that contains fake (or real) urine. If you knowingly or intentionally use or possess with the intent to use a Wizzinator, you’re looking at a Class B Misdemeanor, which is punishable by up to 6 months in the county jail and up to a $2,000 fine.
Section “b” deals with selling or giving away a device like a Wizzinator. If you get caught doing that then you’re facing a Class A Misdemeanor, which is punishable by up to 1 year in the county hail and up to a $4,000 fine.
Section “c” defines what a “drug test” is, and that is limited to a “lawfully administered test designed to detect the presence of a controlled substance or [marijuana].”
What should you do if you get caught? Don’t admit anything and call a lawyer! This is a knowledge / intent crime, meaning the government will have to prove your motive (what is inside your head) to prove their case.