This bill amends the Controlled Drug Act to redefine drug paraphernalia by excluding drug checking equipment from this classification. It introduces new terms such as "drug checking," which refers to the process of analyzing drugs, and "drug checking equipment," which includes tools like fentanyl and xylazine test strips, spectrometers, and chromatography equipment. The bill specifies that drug paraphernalia will not include drug checking equipment or materials used in drug checking processes, provided these activities are conducted by harm reduction programs registered with the New Hampshire Department of Health and Human Services. The legislation aims to address the public health crisis of drug overdoses, particularly from synthetic opioids, by promoting the use of drug checking equipment to help individuals make informed decisions about substance use.

The bill, designated as HB 226-FN, introduces a new section, RSA 318-B:2-f, which allows individuals to obtain, possess, purchase, sell, and use drug checking equipment without legal repercussions. It also ensures that individuals engaging in these activities are protected from arrest or prosecution, and that results from drug checking analyses cannot be used in criminal investigations. Additionally, the bill modifies the definition of drug paraphernalia to exclude drug checking equipment, which is currently classified as a misdemeanor, thereby reducing potential criminal prosecutions and associated costs. 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