Kenneth Curtis never wanted to go to jail for being the guy who
sells urine so people can beat drug tests. He just wanted to fight
for privacy rights.
But Curtis will find himself before the state Supreme Court
today, asking justices to throw out his conviction and six-month
sentence for breaking a state law against selling urine.
Prosecutors say the case is simple: Curtis knew the law and broke
it when he sold urine and a kit containing a heat pack, tape and
tubing so it appears a user is giving his own sample.
The purchaser two years ago turned out to be an undercover State
Law Enforcement Division agent.
Curtis’ main argument is the SLED agent testified he never told
Curtis he was going to use the urine to beat a drug test because he
feared Curtis would not sell him the kit.
Curtis’ lawyer also plans to argue that the judge in the case
should not have allowed testimony about an Internet pornography site
Curtis’ Web site was linked to.
State law says it is illegal to sell urine with the intent of
defrauding a drug test. Since the agent did not say what he planned
to use the urine for and Curtis does not market his product as a way
to beat a drug test, the justices should overturn his conviction,
Curtis said.
In its brief, the state attorney general’s office said Curtis’
Web site left no doubt the intention of his product, and his
business card includes the statement “pass any drug test
guaranteed.”
Curtis, 44, acknowledges most workplace urine testing is for
drugs and alcohol.
Curtis no longer sells urine at his Internet site. Court battles
have forced Curtis to move his business to Hendersonville,
N.C.