This bill amends the Controlled Drug Act to introduce new definitions and provisions regarding drug checking equipment, explicitly excluding it from the definition of drug paraphernalia. Recognizing the public health crisis of drug overdoses, particularly from synthetic opioids and stimulants, the bill aims to mitigate these risks by allowing the use of drug checking equipment. Key insertions include definitions for "drug checking," "drug checking equipment," and "harm reduction," which emphasize the importance of identifying and analyzing substances to reduce overdose risks. The bill specifies that drug checking equipment includes various testing tools, such as fentanyl and xylazine test strips, and outlines eligible activities for harm reduction service organizations.

The bill introduces a new section, RSA 318-B:2-f, which permits individuals to obtain, possess, purchase, sell, and use drug checking equipment without legal repercussions. It also allows for the possession and transport of drug paraphernalia and controlled substances for analysis, ensuring that the results cannot be used against individuals in legal proceedings. Additionally, the state can utilize funds from the New Hampshire opioid litigation settlement for drug checking activities, and individuals are protected from penalties for using federal funds for these purposes, provided they comply with federal law. By excluding drug checking equipment from drug paraphernalia definitions, the bill aims to reduce legal risks and potentially decrease criminal prosecutions related to drug paraphernalia, with the act set to take effect on January 1, 2026.

Statutes affected:
Introduced: 318-B:1, 318-B:2