As of July 1, 2017, you can no longer buy fake urine in Indiana. The law describes fake urine as an “adulterant,” which means any substance that is designed to be added to human urine for the purpose of defrauding an alcohol, drug, or urine screening test. I.C. 35-43-5-19.5. The term “synthetic urine” used in the statute means any substance that is designed to simulate the: (1) composition; (2) chemical properties; (3) physical appearance; or (4) physical properties; of human urine for the purpose of defrauding an alcohol, drug, or urine screening test.
The author of the legislation asserted that while it has been illegal to use fake urine, it was readily accessible and lawful to purchase in Indiana prior to July 1, 2017. http://www.indystar.com/story/news/2017/06/29/new-indiana-laws-taking-effect-july-1-limit-drones-ban-fake-urine/417931001/ (last visited July 2, 2017). In order to prove its prevalence, the author of the law went so far as to purchase fake urine on three different occasions.
If you sell fake urine, you now face criminal prosecution and the possibility of receiving a class B misdemeanor conviction or a class A misdemeanor conviction if that person has a prior unrelated conviction for the same offense. However, the State of Indiana must prove that the individual knowingly or intentionally sold fake urine. The statute also requires that the individual do so with the intent to defraud or assist an individual in defrauding an alcohol, drug or urine screening test.
Looking for a Johnson County criminal defense lawyer that understands your criminal and constitutional rights? Contact the attorneys at Keffer Hirschauer LLP today if you have questions or believe your rights have been violated. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at 1-800-NOT-GUILTY or (317) 857-0160.