(a) Any person who:(1) Knowingly sells, gives away, distributes or markets any substance or product in this state or transports such a substance or product into this state with the intent that the substance or product will be used to defeat a drug or alcohol screening test;(2) Attempts to defeat a drug or alcohol screening test by the substitution of a false sample;(3) Knowingly advertises for sale or distribution any substance or product the advertised purpose of which is to defeat a bodily fluid screening test for drugs or alcohol;(4) Adulterates a bodily fluid sample with the intent to defeat a drug or alcohol screening test;(5) Knowingly possesses adulterants for the purpose of defeating a drug or alcohol screening test; or(6) Knowingly sells adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defeating a drug or alcohol screening test.(b) A person who violates a provision of subsection (a) of this section:(1) For a first offense is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000;(2) For a second offense is guilty of a misdemeanor and, upon conviction, be fined not more than $5,000; t offense is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000;(2) For a second offense is guilty of a misdemeanor and, upon conviction, be fined not more than $5,000; and(3) For a third or subsequent offense is guilty of a misdemeanor and, upon conviction, be fined not more than $10,000 or confined in the regional jail for not more than one year, or both.(c) As used in this section, 'adulterate' means a substance that is not expected to be in human fluids but that is a concentration so high that it is not consistent with human bodily fluids, including, but not limited to:(1) Bleach;(2) Chromium;(3) Creatinine;(4) Detergent;(5) Glutaraldehyde;(6) Glutaraldehyde/squalene;(7) Hydrochloric acid;(8) Hydroiodic acid;(9) Iodine;(10) Nitrite;(11) Peroxidase;(12) Potassium dichromate;(13) Potassium nitrate;(14) Pyridinium chlorochromate; and(15) Sodium nitrite.
West Virginia Legal Code