February 1, 2005, Introduced by Senators SANBORN, KUIPERS, BIRKHOLZ, BARCIA, CROPSEY, JELINEK, CASSIS, GOSCHKA and ALLEN and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 411u.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411u. (1) A person shall not do either of the following:
(a) Use a substance or device with the intent to falsify or
distort the results of a drug test required by law.
(b) Deliver, sell, offer for sale, or advertise for sale a
substance or device with the knowledge or intention that the
substance or device will be used to falsify or distort the results
of any drug test, whether or not the drug test is required by law.
(2) As used in this section:
(a) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(b) "Deliver" means that term as defined in section 7105 of
the public health code, 1978 PA 368, MCL 333.7105.
(c) "Drug test" means the examination of a bodily fluid or
specimen to determine the presence of a controlled substance or a
metabolite of a controlled substance.
(3) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.