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SC High Court refuses to overturn conviction for man who sold urine

(Columbia-AP) Jan. 5, 2004 - The South Carolina Supreme Court has upheld the conviction of a man for selling outlawed kits to beat urine drug tests.

Kenneth Curtis asked the Supreme Court to decide that he had no intent to help people defraud drug tests when he sold kits containing his urine. He was arrested for those sales and sentenced to six months behind bars, five years probation and fined $10,000 fine.

Curtis had argued there was no credible evidence that anyone bought his product to defraud a test for illegal drug use. Curtis said he was trying to help people protect their privacy.

The high court's opinion on Monday says it was clear from materials tied to the operation that the kits had a purpose. The court says business cards in the kits carry bold print that states: 'Pass Any Drug Test." The court says that was sufficient evidence for a jury to consider. The high court has already upheld the law, and it refused to hear the case in 2002.

It is legal to sell urine in South Carolina, but illegal to defraud a drug screening test. The law against selling urine was passing in 1999 in part to stop Curtis and his Upstate businesses, Privacy Protection Services.

Curtis was arrested after an undercover state agent bought urine and a kit containing a heat pack, tape and tubing. Authorities say those items could be used to beat a drug test.

Curtis used to operate out of Greenville, but moved to Hendersonville, North Carolina. He says he doesn't believe in random drug testing because he says it violates people's rights.

The urine, which is supplied by Curtis, is contained in a small pouch with tubing. The pouch can be taped to the body and buyers who operate it properly can use it without being noticed by someone monitoring a urine test. A kit costs $69 plus shipping.

posted 2:41pm by Chris Rees

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