Albany, NY – Today, Assemblywoman Marianne Buttenschon (D-119) is pleased to announce the New York State Assembly has voted to advance Bill A.1034, legislation introduced by Assemblywoman Buttenschon that will include substances or masking products used and/or designed to be added to a chemical drug test, within the definition of drug-related paraphernalia.

The purpose of the legislation is to target, dissuade, and crack down upon purposeful acts to defraud mandatory chemical drug tests, by manner of criminalizing the use and possession of masking products used to defraud such tests, including but not limited to synthetic urine, human urine, and substances used or designed to be added to human urine or to a chemical test, through their inclusion within the definition of drug-related paraphernalia.

“This is a big step,” said Assemblywoman Buttenschon. “Cheating chemical tests allow individuals to continue using drugs or alcohol without repercussions, operate intoxicated on-the-job potentially at great risk and dangerous consequence to themselves or others, this act holds these individuals accountable and safe at their workplace.”

Key provisions of the new law include:

• Prohibiting the use or possession of masking products, including but not limited to synthetic urine, human urine, a substance used or designed to be added to human urine or a substance used or designed to be added to a chemical test, used for the purpose of defrauding a chemical test which is used to determine the individual's alcoholic and/or drug content.
• Classifies such products use or possession within the definition of drug-related paraphernalia, a first-offense Class A Misdemeanor.

Chemical tests, as required by a workplace or a court order, are often used to detect drugs or alcohol present in an individual’s system. Masking products can be used to falsify these tests and provide a false negative result. Other States, including Arkansas, Indiana, Louisiana, Michigan, New Hampshire, and Oklahoma, have recognized the danger presented by synthetic urine and have prohibited the product. A staunch public and workplace safety advocate, Assemblywoman Buttenschon emphasized the law's positive impact:

“This proposal serves to discourage individuals from cheating the system and our institutions, and stands to punish those who attempt to do so.”

The legislation received bipartisan support in the Assembly and now advances to the Senate for consideration.