Pubdate: Tue, 21 Oct 2003
Source: State, The (SC)
Copyright: 2003 The State
Author: Jeffrey Collins, The Associated Press
Bookmark: (Drug Testing)


Man Jailed For Selling Urine Wants Conviction, Sentence Overturned

Kenneth Curtis never wanted to go to jail for being the guy who sells urine 
so people can beat drug tests. He just wanted to fight for privacy rights.

But Curtis will find himself before the state Supreme Court today, asking 
justices to throw out his conviction and six-month sentence for breaking a 
state law against selling urine.

Prosecutors say the case is simple: Curtis knew the law and broke it when 
he sold urine and a kit containing a heat pack, tape and tubing so it 
appears a user is giving his own sample.

The purchaser two years ago turned out to be an undercover State Law 
Enforcement Division agent.

Curtis' main argument is the SLED agent testified he never told Curtis he 
was going to use the urine to beat a drug test because he feared Curtis 
would not sell him the kit.

Curtis' lawyer also plans to argue that the judge in the case should not 
have allowed testimony about an Internet pornography site Curtis' Web site 
was linked to.

State law says it is illegal to sell urine with the intent of defrauding a 
drug test. Since the agent did not say what he planned to use the urine for 
and Curtis does not market his product as a way to beat a drug test, the 
justices should overturn his conviction, Curtis said.

In its brief, the state attorney general's office said Curtis' Web site 
left no doubt the intention of his product, and his business card includes 
the statement "pass any drug test guaranteed."

Curtis, 44, acknowledges most workplace urine testing is for drugs and alcohol.

Curtis no longer sells urine at his Internet site. Court battles have 
forced Curtis to move his business to Hendersonville, N.C.
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