Kenneth Curtis was arrested for selling kits that contained his urine and was sentenced to six months in jail.
Curtis argued that there was no credible evidence that anyone bought his product to defraud a test for illegal drug use. He said he was trying to help people protect their privacy.
However, the justices said it was clear from materials tied to the operation that the kits had a purpose. According to court records, business cards included in the kits "state, in bold print, 'Pass Any Drug Test'" and said the kits "allow anyone, regardless of substance intake, to pass any urinalysis within minutes."
In upholding the conviction, the court said that was ample evidence for a jury to consider.
Curtis and his lawyer said they plan to appeal the decision by asking the justices to rehear the case. If that doesn't happen they said they may appeal to the U.S. Supreme Court.
"We'll continue to do everything legally we can to defend ourselves," Curtis said. "It's a very devastating thing."
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