Share

N.J.S.A. 2C:36-10: Defraud the administration of a drug test

2C:36-10. Defraud the administration of a drug test, defined; crime of third and fourth degree

 

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.


The Cintron Firm has locations in Ridgefield Park, New Brunswick, Montclair, and Totowa and serve the following New Jersey cities and counties: Morris County, Essex County, Bergen County, Passaic County, Englewood Cliffs, Ridgewood, Little Falls, Paramus, Paterson, Wayne, Lincoln Park, Hackensack, Lodi, Passaic, Cliffside Park, Caldwell, Belleville, Union City, East Orange, Newark, Union, Elizabeth, Irvington, Brunswick, Byram, Denville and Rockaway.



© 2021 The Cintron Firm, LLC
167 Main Street, First Floor, Ridgefield Park, NJ 07660
| Phone: 917-494-5695
24 Kirkpatrick Street, New Brunswick, NJ 08903
| Phone: 917-494-5695
26 Park Street, Suite 2000, Montclair, NJ 07042
| Phone: 917-494-5695
547 Union Boulevard, Totowa, NJ 07512
| Phone: 917-494-5695

DWI/DUI Defense | Traffic Offenses | Criminal Defense | Frequently Asked Questions | Articles | En Español | Law Library

Law Firm Website Design by
Zola Creative