This bill aims to amend the definition of drug paraphernalia in Florida law by excluding certain narcotic-drug-testing products from that definition. The legislative findings highlight the ongoing crisis of deaths related to synthetic opioids and other dangerous substances, emphasizing the need for harm reduction strategies. The bill recognizes that drug-testing products, such as test strips and reagent kits, can help prevent overdose and death by allowing individuals to identify harmful substances in the illicit drug supply. The intent of the legislation is to decriminalize the possession, distribution, and use of these drug-testing products to provide residents with life-saving information.

Specifically, the bill amends Section 893.145 of the Florida Statutes to clarify that drug paraphernalia does not include test strips, reagent kits, or other narcotic-drug-testing products used solely to determine the presence of fentanyl, fentanyl analogues, xylazine, cocaine, amphetamines, cathinones, or other controlled substances and adulterants. However, this exclusion does not apply to products that can measure or determine the quantity, weight, or potency of a controlled substance. The bill is set to take effect on July 1, 2026.

Statutes affected:
S 646 Filed: 893.145