Bills that would criminalize fake urine and similar products used to pass a drug test are awaiting a vote from Michigan’s House.
The bills would make it a misdemeanor to distribute, deliver, sell, or possess with intent to distribute products used to defraud an employer’s drug test.
Jamie Callahan spoke on behalf of the bills’ sponsor, Senator Curtis Vanderwall, at a Judiciary Committee meeting on Tuesday.
“There are many professions that require drug testing as part of an individual's employment many times because the work they do is skilled, likely involves some degree of danger, like a high low or a crane operator, delivery drivers,” Callahan said. “So having them under the influence of drugs would endanger themselves and others.”
Michigan has no laws addressing drug testing by private employers. Employers also aren’t required to accommodate people with medical marijuana cards.
Drug masking products could include synthetic urine, another person's urine or product that can be used to disguise the content of the sample or influence the test results.
But critics say the tests are not a perfect snapshot in time. For example, urine tests can detect marijuana for up to a month after use. Some employers continue to test for the substance. But for marijuana, drug tests do not indicate is an individual is currently high. Urine tests, for example, can detect marijuana for up to a month after use.
“Employers need to know that the drug tests results on their employees are accurate and true and that of the actual employees,” Callahan said.
