Why Are States Banning Synthetic Urine?

Whilesynthetic urine is still legal in most states, some are instituting a synthetic urine banin an effort to prevent its use for passing drug tests. This exact chemicalreplica of human urine is so indistinguishable from the real thing thatdrug-testing labs may be unable to tell the difference.

Themotivation behind the ban is identified as public safety, with the assumptionthat truck drivers and heavy machinery operators may pose a risk if they avoidrandom drug testing. While the practice of random employee drug testing is ofquestionable value in preventing drug use on the job, easy access to syntheticurine further reduces its perceived value and cost-effectiveness.

Female doctor holding urine test kit

What States Are Banning Synthetic Urine?

At least 18states have put some legislation in place to ban selling, possessing, or using synthetic urine.The limitations and possible penalties vary by jurisdiction. Some of the affectedstates include:1

  • Illinois
  • Arkansas
  • Maryland
  • Nebraska
  • New Jersey
  • Indiana
  • Louisiana
  • New Hampshire
  • Oklahoma
  • North Carolina
  • Pennsylvania
  • South Carolina
  • Texas
  • Virginia

What Is Synthetic Urine?

High-quality synthetic urine is available in liquid orpowdered form, often packaged with a heating device to ensure the correct bodytemperature. The products that pass the test mimic urine in these respects:

  • Temperature. A sample will be checked for a normal body temperature. Any sample outside the 90-100 degree range will be discarded.
  • Color. The sample must be a realistic yellow color that does not appear diluted.
  • Smell. An acceptable sample must smell like the real thing.
  • pH Level. The sample will be tested for a normal pH level.
  • Creatinine Level. A similar level of creatinine to human urine verifies that the liquid is genuine.

Even a local news team was able to demonstrate a 100% passrate using synthetic urine for three different pre-employment screening labs.2In short, high-quality “fake pee” gets an all-clear result.

Is It Legal to Drug Test Employees?

Other than some federally mandated drug testing for those intransportation, nuclear energy, or military contracting, each state determineswhether employee drug testing is legal and under what circumstances. In manycases, this testing is allowed as long as the employee is made aware of thepolicies, but some of your privacy rights are protected.

Some states require a reasonable suspicion that the employeeis impaired on the job before they can be tested.3 In all cases,except criminal prosecution and probation/parole, it is illegal for you to bewatched during the sample collection process, making using synthetic urine aviable alternative for most people.

Pre-employment screenings are allowed in most states, but,if a sample tests positive for drugs, the applicant is rarely given anopportunity to prove that there are legitimate reasons for the result. Jobs andreputations are lost before they are even established. Avoiding the consequences of failing apre-employment drug test certainly makes using synthetic urine anattractive option.

Close up of drug test form, pen, and bottle

Protecting Your Rights, Reputation, and Livelihood

Consider these arguments against the ban and its unintendedconsequences:

Many states have laws in place to protect a medicalmarijuana or prescription pain patient against job discrimination, and allstates must abide by federal laws protecting the privacy of your medicalinformation. However, there is bias against those who fail a drug test, whichcan go on to hurt your future chances of promotion or transfer. It may be up toyou to protect yourself from this social stigma and discrimination.

Medical Marijuana and Decriminalization

Medical marijuana is legal in many states and in others has been decriminalized for adults 21and older. How are employers handling the results of drug testing if weed is legal?

Here are some factors to consider:

  • Disclosing that you are an approved patient means sharing private medical information with your employer.
  • A random drug test might negatively affect your employer’s opinion of you when your responsible recreational use is entirely legal.
  • Unless your state has specific laws in place to protect your medical or recreational use of cannabis, you may have no recourse against discrimination.

Some states that do offer protection against jobdiscrimination for the legal use of marijuana include:

  • Arizona
  • Arkansas
  • Connecticut
  • Delaware
  • Illinois
  • Maine
  • Minnesota
  • Nevada
  • New York
  • Pennsylvania
  • Rhode Island

Privacy Rights And Confidentiality

You may be taking prescription medication for cancer,depression, or a chronic disease, which will trigger a positive test result.Federal statutes including HIPAA and the Americans With Disability Act requirethat your medical information is kept confidential. The results of a drug testfall under this protected status.

However, when the drug test is done by employers, theyobtain access to your private medical results whether you wish to share thisinformation or not. Refusing to sign the release isn’t a viable option. Beingcalled in to explain your legitimate use of pain meds or anti-anxiety pills canfeel like an invasion and may cause bias or fuel office gossip. The synthetic urine ban mayleave you without options when testing time rolls around.

While federal law requires your employer to keep your testresults confidential if you test positive due to a lawfully prescribed drug,how confident are you in their discretion or your ability to fight for yourrights in court? If you have any doubts, using synthetic urine to pass a drug test can be areliable way to ensure your privacy is protected.

Man with fists closed, making excited, triumphant movement

Limiting Other Legitimate Uses of Synthetic Urine

There are many good reasons for usingsynthetic urine. Scientists and manufacturersprefer synthetic urine to the real thing due to its long shelf life andsanitary nature, while gardeners and traditional medicine practitioners haveunique uses as well. Bans against this useful product limit all the otherapplications where a synthetic product is better than the real thing.

What is syntheticurine used for? Just some of the many usesinclude:

  • Calibrating laboratory testing equipment
  • Experiments for NASA space missions
  • Testing the absorbency of diapers
  • Demonstrating the effectiveness of cleaning products
  • Repelling animals from gardens and farms
  • Training medical students
  • Medicinal and cosmetic uses

Providing a Clear Alternative

At the heart of the debate is the question of whether asanitary drug-free product should be banned based on the possible consequencesof one of its intended uses. As long as we have such products available, wecontinue to have the ability to protect our privacy and prevent jobdiscrimination. Buying syntheticurine products is still legal in most states.

Using a high-quality product from ClearTest will keep youroptions open and your privacy secure. Whether you are using our synthetic urine to pass a drug testor for scientific research, you can count on our 16 years of experience with a100% pass rate. When used according to instructions, our synthetic urine willbe indistinguishable from urine produced in the body.

We also offer quick and easy-to-use urine additives, whichcan purify a sample on the spot and are easy to carry. Even if random drug testsare a part of your life, you can live confidently and take back your peace ofmind at work or school when you plan ahead and trust the best. Browse ourproducts to find the perfect solution and delivery method for your needs, thenstop worrying about the next test!

Sources:

  1. https://www.richlandsource.com/news/if-drug-use-is-illegal-why-isn-t-the-sale/article_8353d9be-4dc0-11e5-adee-1ba2e249a7de.html
  2. https://kdvr.com/2016/05/09/synthetic-urine-works-helps-drug-users-beat-screenings/
  3. https://www.jucm.com/implications-hipaa-employee-confidentiality-rules-positive-drug-test-results/

Posted by A. Shapiro
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