Includes 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, within the definition of drug-related paraphernalia.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6805
SPONSOR: Buttenschon TITLE OF BILL:
An act to amend the general business law, in relation to including mask-
ing products within the definition of drug-related paraphernalia
PURPOSE OF BILL:
The purpose of this bill is to prohibit masking products'from being used
to defraud a chemical test.
SUMMARY OF PROVISIONS:
Section 1 of this bill would prohibit masking products, such as synthet-
ic 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,
from being used for the purpose of defrauding a chemical test.
Section 2 of this bill provides that the effective date shall take
effect immediately.
JUSTIFICATION:
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. One such masking product, synthetic urine, can be used
to defraud drug tests as an artificial substance that can pass as real
urine. Synthetic urine is readily available to purchase at head shops
and from retailers online.
Other States, including Arkansas, Indiana, Louisiana, New Hampshire, and
Oklahoma, have recognized the danger presented by synthetic urine and
have prohibited the product. Recently, in July 2022, Michigan joined
these States in prohibiting synthetic urine as a wider effort to stop
such usage.
The use of a masking product, such as synthetic urine, to provide a
false negative on a chemical test could yield dangerous consequences.
Cheating such tests would allow an individual to continue using drugs or
alcohol without repercussions, and could potentially put others at risk.
This bill would prohibit masking products from being used to defraud a
chemical test.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6805
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Economic Development
AN ACT to amend the general business law, in relation to including mask-
ing products within the definition of drug-related paraphernalia
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 850 of the gener-
2 al business law, as amended by chapter 433 of the laws of 2021, and
3 subparagraph (vii) as separately amended by chapters 92 and 433 of the
4 laws of 2021, is amended to read as follows:
5 (a) "Drug-related paraphernalia" consists of the following objects
6 used for the following purposes:
7 (i) Kits, used or designed for the purpose of planting, propagating,
8 cultivating, growing or harvesting of any species of plant which is a
9 controlled substance or from which a controlled substance can be
10 derived;
11 (ii) Kits, used or designed for the purpose of manufacturing,
12 compounding, converting, producing, or preparing controlled substances;
13 (iii) Isomerization devices, used or designed for the purpose of
14 increasing the potency of any species of plant which is a controlled
15 substance;
16 (iv) Scales and balances, used or designed for the purpose of weighing
17 or measuring controlled substances;
18 (v) Diluents and adulterants, including but not limited to quinine
19 hydrochloride, mannitol, mannite, dextrose and lactose, used or designed
20 for the purpose of cutting controlled substances;
21 (vi) [and
22 (vii)] Objects, used or designed for the purpose of ingesting, inhal-
23 ing, or otherwise introducing cocaine into the human body; and
24 (vii) Masking products, including but not limited to synthetic urine,
25 human urine, a substance used or designed to be added to human urine or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10659-02-3
A. 6805 2
1 a substance used or designed to be added to a chemical test, used for
2 the purpose of defrauding a chemical test which is used to determine the
3 alcoholic and/or drug content of the blood.
4 § 2. This act shall take effect immediately.
