Urine Sales Land Six Month Prison Sentence

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."

Copyright The Charlotte Observer.


Title: Man Sentenced For Selling Urine
Author: Associated Press
Source: Charlotte Observer
Contact: opinion@charlotte.com
Website: http://www.charlotte.com/observer/
Pubdate: Saturday, December 15, 2001