(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