N.J.S. 2C:36-10 is the New Jersey statute that relates to falsification of drug test results, and materials used to falsify results of drug tests. The statute has six subparts, labeled “a” through “f”. Subpart “a” specifies what it means to “defraud the administration of a drug test.” Subpart “b” deals with manufacture, sale, or other distribution of devices or substances used to defraud the administration of a drug test. Subparts “c”, “d”, and “f” define levels of crimes for defrauding the administration of drug tests in the context of particular situations. And subpart “e” defines the crime of possession of materials used to defraud drug tests.
Here is the full text:
|a. As used in this act, “defraud the administration of a drug test” means to submit a substance that purports to be from a person other than its actual source, or purports to have been excreted or collected at a time other than when it was actually excreted or collected, or to otherwise engage in conduct intended to produce a false or misleading outcome of a test for the presence of a chemical, drug or controlled dangerous substance, or a metabolite of a drug or controlled dangerous substance, in the human body. It shall specifically include, but shall not be limited to, the furnishing of urine with the purpose that the urine be submitted for urinalysis as a true specimen of a person.
b. Any person who offers for sale or rental, or who manufactures, sells, transfers, or gives to any person, any instrument, tool, device or substance adapted, designed or commonly used to defraud the administration of a drug test, is guilty of a crime of the third degree.
c. Any person who knowingly defrauds the administration of a drug test that is administered as a condition of employment or continued employment as a law enforcement officer, corrections officer, school bus driver, operator of a motorbus, employee of a rail passenger service, firefighter, provider of emergency first-aid or medical services, or any other occupation that requires the administration of a drug test as a condition of employment or continued employment by law, rule or regulation of the State or a local agency, public authority, or the federal government, is guilty of a crime of the third degree.
d. Any person who knowingly defrauds the administration of a drug test that is administered as a condition of monitoring a person on bail, in custody or on parole, probation or pretrial intervention, or any other form of supervision administered in connection with a criminal offense or juvenile delinquency matter, is guilty of a crime of the third degree.
e. Any person who knowingly possesses any instrument, product, tool, device or substance adapted, designed or commonly used to defraud the administration of a drug test is guilty of a crime of the fourth degree.
f. Any person who knowingly defrauds the administration of a drug test which is administered as a condition of any employment or continued employment not specified in subsection c. of this section is guilty of a crime of the fourth degree.
As shown above, any New Jersey conviction in connection relating to defrauding the administration of a drug test will result in the person having a record for conviction of a New Jersey criminal offense. Conviction of a third degree offense exposes an individule to a term of imprisonment for up to five years. Conviction of a fourth degree offense carries a term of imprisonment for up to eighteen months. Fines, other assessments, and loss of driving privileges are imposed on top of that.
Criminal Lawyers in New Jersey™ have been representing persons charged with criminal offenses for a combined total of over seventy years. They have successfully handled thousands of matters involving drug offenses. They are available to review your matter in a no-charge no-obligation one on one confidential conference. They would welcome your call.
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