Long sentence for man who sold fake urine to help people beat drug tests
A 61 year-old businessman from Ohio has been found guilty of selling fake urine to help employees beat mandatory drug tests. Many American companies carry out regular, mandatory urine tests on staff members as part of a zero-tolerance attitude to drugs. A positive test can result in dismissal.
David Neal from Middletown, Ohio, started selling products in 2006 through his herbal tea shop that were designed to help people fake urine tests. He will be charged in May and could be sent to prison for up to six years and face a fine of $130,000.
One of the products he was selling through ACS Herbal Tea was called “Magnum Unisex Synthetic Urine-Never Fail a Urine Drug Test.” In relation to the fake urine, he was found guilty of conspiring to defraud the United States. He was also charged with introducing and selling misbranded drugs.
The court explained that his crime was “obstructing and interfering with the lawful governmental functions of SAMHSA in overseeing, monitoring and establishing scientific and technical guidelines for federal workplace drug testing programs.”
SAMHSA carries out drug tests for airline pilots, truck drivers, train engineers, and FBI agents. Employees who disguise substance abuse can put the lives of their co-workers and members of the public at serious risk. Although recreational use of Class B drugs is tolerated in more states, drug and alcohol use in the workplace is not.
Neal was caught during sting operations in 2010 and 2012 when undercover agents bought his products during a lengthy investigation into his business.
Neal had claimed that his products were harmless; however, his attorney told the judge that he had since come to understand the risks of helping people to fake drug test results.
In 2010, the courts heard a similar case heard about a former US Airways Express pilot who had used fake urine to pass a drugs test; he was jailed for nine months in a federal prison.
Employer-mandated drug tests
It is thought that around 17.5 million Americans work for companies that have a mandatory drug testing policy and many websites have appeared over the years that offer ways for people to fake drug tests.
According to data gathered in 2013 by the Department of Health and Human Services’ National Survey on Drug Use and Health, around 9% of full-time workers in America used illegal drugs in the previous year. Drug use is even higher for part-time workers, with around 12.5% saying that they had used drugs. Drug use is highest among the unemployed, with over 18% saying that they had used illegal drugs. Many American states are also introducing drug tests for unemployed workers who are collecting welfare payments, although this policy is coming under fire.
It is difficult to understand why professionals continue to use drugs in the workplace even when they know that their companies have a zero-tolerance drug policy and carry out random checks. Drug addiction and substance abuse stem from a serious mental health condition. Therefore, whenever a person is found using these substances, they should always be offered guidance and advice first before giving a punishment. However, often the only way to determine if somebody is using drugs is to require that they take a test.