H.B. No. 1644 amends the Health and Safety Code by adding a new subsection that clarifies the legal status of testing equipment used to identify certain controlled substances, specifically fentanyl, its derivatives, and xylazine. The new legal language states that the provisions of this section do not apply to individuals who use, possess with the intent to use, deliver, possess with intent to deliver, or manufacture with intent to deliver such testing equipment. This change aims to facilitate the use of testing equipment in the context of substance identification without penalizing individuals for possessing or using these tools.

The bill specifies that the changes will only apply to offenses committed on or after its effective date of September 1, 2025. Any offenses that occurred prior to this date will be governed by the existing law at that time, ensuring that individuals are not retroactively affected by the new provisions. This approach allows for a clear transition to the updated legal framework regarding the use of testing equipment for identifying dangerous substances.

Statutes affected:
Introduced: Health and Safety Code 481.125 (Health and Safety Code 481)