CONTROL DANGER SUBSTANCE: Provides relative to drug paraphernalia. (gov sig)
SB 78 exempts rapid fentanyl test strips (FTS) and specific drug testing devices from being classified as "drug paraphernalia" under state law. This directly affects individuals who use these tools to test substances for fentanyl (a dangerous opioid), harm reduction organizations, and first responders. The bill explicitly states that FTS, FDA/National Institute of Justice-certified kits, and accredited lab devices (like gas chromatograph-mass spectrometers) cannot be considered illegal paraphernalia. However, it clarifies these tools cannot be used to manufacture or distribute controlled substances. The law aims to remove legal barriers to using these safety tools while maintaining restrictions on drug trafficking.
Bill status
signed
all 5 stages cleared
Introduction
Apr 2025
Committee Review
May 2025
Senate Passage
Jun 2025
House Passage
Jun 2025
Signed into Law
Jun 2025
Introduced Apr 2, 2025
Signed Jun 8, 2025
Maddy AI version diff · 4 comparisons
What changed between versions
SB78 Original
→
SB78 Act
·
3 edits
MINOR
This bill broadens the legal definition of drug paraphernalia to include testing equipment for any dangerous substance, not just fentanyl. Previously, testing strips for fentanyl were exempt from being classified as paraphernalia; now, testing devices for any substance that can cause physical harm or death are included in the definition, provided they are not used to manufacture drugs. This change allows law enforcement to seize a wider range of testing tools under existing paraphernalia laws.
Scope change
The scope of the law expanded from specifically exempting fentanyl test strips to exempting no testing equipment at all, thereby increasing the number of items that can be legally classified as drug paraphernalia.
DEFINITION
The exemption for testing equipment was changed from applying only to fentanyl and its analogues to applying to any controlled dangerous substance, chemical, or compound that can cause physical harm or death.
REQUIREMENT
A new condition was added stating that the testing equipment exemption does not apply if the device is used to facilitate the manufacture or distribution of controlled substances.
ENFORCEMENT
By reclassifying fentanyl test strips and other testing devices as paraphernalia, law enforcement gains the authority to confiscate these items under current paraphernalia statutes.
Floor votes · Senate Apr 22, 2025 · House Jun 2, 2025
How they voted
35–0
Passed · 2 other
Total votes 37
Apr 22, 2025
D
Democratic11
81% Yea
R
Republican26
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
19
Key actions
5
Committee
4
Amendments
1
Jun 3, 2025
Upper · Passed
Amendments proposed by the House read and concurred in by a vote of 37 yeas and 0 nays.
upper
Jun 2, 2025
Lower · Passed
Read third time by title, amended, roll called on final passage, yeas 97, nays 0. Finally passed, ordered to the Senate.
lower
May 21, 2025
Introduced
Reported without Legislative Bureau amendments.
lower
May 20, 2025
Lower · Passed
Reported favorably (10-0). Referred to the Legislative Bureau.
lower
Apr 24, 2025
Committee
Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.
lower
Apr 22, 2025
Upper · Passed
Senate floor amendments read and adopted. Read by title and passed by a vote of 37 yeas and 0 nays; ordered reengrossed and sent to the House. Motion to reconsider tabled.
upper
Apr 15, 2025
Upper · Passed
Reported with amendments.
upper
Apr 14, 2025
Committee
Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C.
upper
1 primary · 1 co-sponsor
Sponsors
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