{"data":{"id":"us-wv/w.-va.-code-60a-4-412","jurisdiction":"us-wv","citation":"W. Va. Code § 60A-4-412","heading":"Defeating drug and alcohol screening tests; penalties.","body":"(a) Any person who:\n(1) Knowingly sells, gives away, distributes or markets any substance or product in this state or transports such a substance or product into this state with the intent that the substance or product will be used to defeat a drug or alcohol screening test;\n(2) Attempts to defeat a drug or alcohol screening test by the substitution of a false sample;\n(3) Knowingly advertises for sale or distribution any substance or product the advertised purpose of which is to defeat a bodily fluid screening test for drugs or alcohol;\n(4) Adulterates a bodily fluid sample with the intent to defeat a drug or alcohol screening test;\n(5) Knowingly possesses adulterants for the purpose of defeating a drug or alcohol screening test; or\n(6) Knowingly sells adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defeating a drug or alcohol screening test.\n(b) A person who violates a provision of subsection (a) of this section:\n(1) For a first offense is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000;\n(2) For a second offense is guilty of a misdemeanor and, upon conviction, be fined not more than $5,000; and\n(3) For a third or subsequent offense is guilty of a misdemeanor and, upon conviction, be fined not more than $10,000 or confined in the regional jail for not more than one year, or both.\n(c) As used in this section, \"adulterate\" means a substance that is not expected to be in human fluids but that is a concentration so high that it is not consistent with human bodily fluids, including, but not limited to:\n(1) Bleach;\n(2) Chromium;\n(3) Creatinine;\n(4) Detergent;\n(5) Glutaraldehyde;\n(6) Glutaraldehyde/squalene;\n(7) Hydrochloric acid;\n(8) Hydroiodic acid;\n(9) Iodine;\n(10) Nitrite;\n(11) Peroxidase;\n(12) Potassium dichromate;\n(13) Potassium nitrate;\n(14) Pyridinium chlorochromate; and\n(15) Sodium nitrite.","path":["CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.","ARTICLE 4. OFFENSES AND PENALTIES."],"source_url":"https://code.wvlegislature.gov/60A-4-412/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:31:18Z","sha256":"0f7b56bb2c02247e981127b2a37710d02edd2bdb04720f84da1c038334de2827","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-60a-4-411","next":"us-wv/w.-va.-code-60a-4-413"},"notice":"GroundRules: Original legal text. Not legal advice."}