The bill, HB 226-FN, amends the Controlled Drug Act to redefine drug paraphernalia by explicitly excluding drug checking equipment from this classification. This legislative change acknowledges the public health crisis surrounding drug overdoses, particularly those involving synthetic opioids and stimulants, and highlights the role of drug checking equipment, such as fentanyl and xylazine test strips, in mitigating overdose risks. New definitions for "drug checking," "drug checking equipment," and "harm reduction" are introduced to promote safer drug use practices. The bill removes previous legal language that categorized drug checking equipment as drug paraphernalia, thereby allowing harm reduction organizations to legally use and distribute such equipment.

Additionally, the bill establishes that individuals can obtain, possess, sell, and use drug checking equipment without facing legal repercussions, and it ensures that results from drug checking analyses cannot be used in criminal investigations or court proceedings. The amendments aim to reduce criminal prosecutions related to drug checking equipment, potentially lowering costs for the judicial and correctional systems. The bill is set to take effect on January 1, 2026, and is expected to have an indeterminable impact on state and local expenditures.

Statutes affected:
Introduced: 318-B:1, 318-B:2
As Amended by the House: 318-B:1, 318-B:2