The bill amends the Controlled Drug Act to redefine drug paraphernalia by explicitly excluding drug checking equipment from this category. This change is in response to the public health crisis of drug overdoses, particularly those involving synthetic opioids and stimulants. The new legal language clarifies that drug paraphernalia will not include items such as fentanyl and xylazine test strips, and it introduces definitions for "drug checking," "drug checking equipment," and "harm reduction." These amendments aim to promote safer drug use practices and mitigate the adverse effects of substance use.

Additionally, the bill allows organizations providing harm reduction services to use drug checking equipment without legal repercussions, ensuring that individuals can obtain, possess, sell, and use such equipment in accordance with the guidelines established in the bill. It specifies that no one shall be arrested or prosecuted for activities authorized under this new section, and the results from drug checking analyses cannot be used in criminal investigations. By amending the definition of drug paraphernalia to exclude drug checking equipment, the bill seeks to reduce criminal prosecutions and associated costs within the judicial and correctional systems. The bill is set to take effect on January 1, 2026.

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