West Virginia Code
Article 4. Offenses and Penalties
§60A-4-412. Defeating Drug and Alcohol Screening Tests; Penalties

(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; 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.