§ 34-262. Sale or distribution of items intended to alter results of drug test.

(a)

No person shall sell, lend, rent, lease, give, exchange, deliver or otherwise distribute any item intended to be used to alter, or attempt to alter, the results of any drug test.

(b)

In determining whether any item is intended to be used to alter or attempt to alter the results of any drug test, in addition to all other logically relevant factors the following should be considered:

(1)

Statements by an owner or by anyone in control of the item concerning its use.

(2)

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who the owner or person in control knows, or should reasonably know, intend to use it to alter or to attempt to alter any drug test.

(3)

Instructions, oral or written, provided with the item concerning its use.

(4)

Descriptive materials accompanying the object which explain or depict its use.

(5)

National or local advertising concerning its use.

(6)

The manner in which the item is displayed for sale.

(7)

Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed pharmacy.

(8)

The existence and scope of legitimate uses for the object in the community.

(9)

Expert testimony concerning its use.

(c)

It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of items designed or intended for use to alter or to attempt to alter a drug test.

(d)

Any person convicted of violating this section shall be punished by a fine of not less than $500.00 or imprisonment for not more than six months, or by both such fine and imprisonment.

(Code of Gen. Ords. 1967, § 18.164; Ord. No. 57590, 3-14-85; Ord. No. 900228, 8-9-90)