Is It Really a Crime to Possess Urine?

Upon reading the title of this blog one may be a bit confused and many questions may be running through your brain. How can it be a crime to merely possess urine? Why would anyone want to carry around urine? With all things in the legal field, the answer to all of the questions one could potentially ask pertaining to the title of this blog post is that it truly depends on the circumstances surrounding the possession of the urine. 

The law in Texas states: 

(a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use any substance or device designed to falsify drug test results.

(b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver a substance or device designed to falsify drug test results.

(c) In this section, “drug test” means a lawfully administered test designed to detect the presence of a controlled substance or marihuana.

(d) An offense under Subsection (a) is a Class B misdemeanor.

(e) An offense under Subsection (b) is a Class A misdemeanor.

As with any code provision, this one needs to be broken down a bit to explain what the actual law is. Commonly, people attempt to “cheat” a drug test by using a sample of fake or real urine that would show up as “clean” after the administration of a drug test. If someone is on probation or even attempting to get a job, they cannot have a positive urine test that shows any form of illegal drug use. Therefore, many people find it alluring to procure fake or real urine. 

There are a surprising number of synthetic urine products out there. One of the most popular is the Wizzinator. This device contains synthetic or in some cases real urine and can be used to help cheat a drug test. However, as the law states, if a person intentionally or knowingly possesses this or a similar device with the intention of using it to falsify a drug test, they are committing a crime. In the case of merely possessing or using the device, it can be a class B misdemeanor. A class B misdemeanor can result in up to six months in jail and up to a $2,000.00 fine. 

So, what do you do if you get caught with synthetic urine and are charged under this code provision? First of all, do not say anything. This crime requires a very specific mental state and the prosecutor must show intent. If you merely are walking around with synthetic urine in your pocket that is not a crime. It is only a crime if you are intentionally possessing it with the intent to use it to falsify drug test results. If you remain silent and say nothing to the police upon your arrest it will be very difficult for the prosecutor to prove intent in his case. Proving what is happening in someone’s head without a direct confession is incredibly difficult and can result in a dismissal of the case against you. After your arrest seek out a good criminal lawyer in Arlington, Texas to help aid you in the resolution of this matter. 

Thanks to Brandy Austin Law Firm, PLLC for their insight into criminal law and possession of urine.