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What Are The Penalties For Selling Or Possessing A Drug-Masking Product In Michigan?

by | Nov 28, 2022 | Controlled Substance Offenses |


Although marijuana consumption is legal in Michigan, many businesses will still hold the presence of this controlled substance in the bodies of potential or current employees against them through the drug testing process.  As a result, many people have turned to purchasing “drug-masking products” to avoid detection of controlled substances.  These products were very popular in cannabis retailers and smoke shops to help customers who purchase their merchandise cheat any drug testing.  However, these drug-masking items did not sit well with some lawmakers.

In July 2022, Governor Gretchen Whitmer signed Senate Bill 134 into law to criminalize the distribution, delivery, sale or possession of drug-masking products as follows:

  • “A person shall not distribute, deliver, sell, or possess with intent to distribute, deliver, or sell a drug-masking product.” MCL 750.410c(1).
  • “A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.” MCL 750.410c(2).
  • “Drug-masking product” includes “synthetic urine, human urine, a substance designed to be added to human urine, or a substance designed to be added to or used on human hair or oral fluid, for the purpose of defrauding an alcohol or a drug screening test.” MCL 750.410c(3)(a).
  • “Synthetic urine” means “a substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.” MCL 750.410c(3)(b).

Enforcement can be expected to be strong in those areas around Michigan where local politics are hostile towards cannabis dispensaries.  Police agencies and prosecutors are more likely to investigate and prosecute these violations more aggressively in these locations than elsewhere, especially in rural areas.

If you are charged with any crime, you need a skilled criminal defense attorney in your corner to vigorously advocate for your rights.  A good lawyer will hold the prosecutor to their burden of proving guilt beyond a reasonable doubt.  Even if the evidence against you is strong, a criminal defense lawyer can help obtain a plea to a reduced offense that can protect your freedom by avoiding jail or prison.

If you or a loved one is charged with any crime and need legal representation, then do not hesitate to contact the experienced attorneys at Kershaw, Vititoe & Jedinak PLC today.


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