Pubdate: Sat, 15 Dec 2001
Source: Charlotte Observer (NC)
Copyright: 2001 The Charlotte Observer
Contact:  http://www.charlotte.com/observer/
Details: http://www.mapinc.org/media/78
Author: Associated Press
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

MAN SENTENCED FOR SELLING URINE

1999 S.C. Law Makes It Illegal To Sell Urine For Defrauding A Drug Test

GREENVILLE, S.C. -- A judge has sentenced a man to six months in prison for 
selling urine to beat drug tests.

Jurors took two hours Friday to make Kenneth Curtis the first person to be 
convicted under a 1999 S.C. law that makes it illegal to sell urine for 
defrauding a drug test. He used to operate out of Greenville, but has moved 
to Hendersonville, N.C.

Curtis also was sentenced to five years of probation and ordered to pay a 
$10,000 fine.

Curtis' lawyers immediately said they plan to appeal the case. If he can 
post a $30,000 bond, Curtis will be able to remain free until the appeal is 
heard.

But if Curtis is caught selling urine while free on appeal or during his 
probation, he will be sent to prison for six years, a judge ruled.

Curtis and his company, Privacy Protection Services, sell kits that contain 
a packet of urine, a heating pack, duct tape and instructions on how to 
conceal the kit so it appears the user is giving his own sample.

One of Curtis' employees guaranteed his urine samples were 100percent 
drug-free, according to an undercover agent who bought a kit.

State law bans the sale of urine to defraud a drug test. Curtis said he 
sells the urine kits because he thinks random drug testing violates the 
First Amendment.

Curtis may face an uphill battle appealing his conviction.

In July, the state Supreme Court upheld most of the law he was convicted 
under, rejecting arguments that the law was vague, didn't serve a 
legitimate public interest, violated interstate commerce and invaded privacy.

Justices did say it was unconstitutional to require jurors to presume guilt 
if a urine kit is sold with heating equipment or instructions on defrauding 
a drug test.

Curtis could have faced up to eight years in prison and a $10,000 fine.

"If Kenneth Curtis is caught selling urine during his probation, he will be 
sent to prison for six years, a judge ruled."
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