This bill amends the Controlled Drug Act to redefine drug paraphernalia by explicitly excluding drug checking equipment from this classification. It introduces new definitions for "drug checking," "drug checking equipment," and "drug checking packaging," which include tools and materials used to analyze drugs and detect harmful substances. Specifically, the bill identifies fentanyl and xylazine test strips, as well as advanced analytical tools like spectrometers and chromatography equipment, as part of drug checking equipment. The legislation clarifies that drug paraphernalia does not encompass drug checking equipment or materials used in harm reduction services, thereby promoting safer drug consumption practices.

Additionally, the bill establishes a new section, RSA 318-B:2-f, which permits individuals to obtain, possess, sell, and use drug checking equipment without legal repercussions. It ensures that results from drug checking analyses cannot be used against individuals in criminal or administrative proceedings. The state is also authorized to utilize state or federally administered funds for eligible drug checking activities, provided they comply with relevant laws. By excluding drug checking equipment from the definition of drug paraphernalia, the bill aims to reduce the criminalization associated with such equipment, potentially leading to a decrease in criminal prosecutions and costs within the judicial and correctional systems. The act is set to take effect on January 1, 2026, with an anticipated but indeterminable fiscal impact on state and local governments.

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