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The offense of selling or distributing drug-masking products

On Behalf of | Mar 8, 2024 | Criminal Defense

Many companies looking to maintain a drug-free environment usually hold drug tests for both job applicants and tenured employees. While testing positive doesn’t lead to criminal charges, an employee who tests positive may lose their job.

Individuals on probation must also undergo drug testing as part of their plea deal. A person will have to remain drug-free to continue their probation period and avoid spending time behind bars. The probation officer assigned to them will conduct drug tests every now and then to check.

In both cases, drug testing usually involves examining a person’s urine, hair or oral fluid for any traces of an illicit drug. There are ways to circumvent these tests, but they’re illegal and anyone caught selling or distributing such “drug-masking products” can face criminal penalties in Missouri.

What are drug-masking products?

According to Missouri law, a drug-masking product is defined as any substance or item designed, intended, or marketed to defraud or attempt to defraud drug screening tests. These include:

  • Detoxifying substances for urine tests
  • Adulterants that alter drug test results
  • Synthetic urine

These products are often marketed as a way to mask the presence of drugs in a person’s system, which could allow them to evade detection during a drug screening. Regardless of their efficacy or whether they actually work, selling or distributing drug-masking products is illegal in Missouri.

The penalties for selling drug-masking products

The offense of unlawful distribution, delivery or sale of a drug-masking product is a Class A misdemeanor. On conviction, a person faces up to a year in jail and $2,000 in fines.

You can get into trouble with the law by selling something like “fake urine,” even if it’s not actually marketed for use as a drug-masking product. If you face charges, it’s important to understand how the court procedure works or face penalties. A legal professional may be able to walk you through the process and help represent you in your case.