Florida Senate - 2023 SB 164 By Senator Polsky 30-00067B-23 2023164__ 1 A bill to be entitled 2 An act relating to controlled substance testing; 3 amending s. 893.145, F.S.; revising the definition of 4 the term “drug paraphernalia” to exclude certain 5 narcotic-drug-testing products; providing an effective 6 date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (4) of section 893.145, Florida 11 Statutes, is amended to read: 12 893.145 “Drug paraphernalia” defined.—The term “drug 13 paraphernalia” means all equipment, products, and materials of 14 any kind which are used, intended for use, or designed for use 15 in planting, propagating, cultivating, growing, harvesting, 16 manufacturing, compounding, converting, producing, processing, 17 preparing, testing, analyzing, packaging, repackaging, storing, 18 containing, concealing, transporting, injecting, ingesting, 19 inhaling, or otherwise introducing into the human body a 20 controlled substance in violation of this chapter or s. 877.111. 21 Drug paraphernalia is deemed to be contraband which shall be 22 subject to civil forfeiture. The term includes, but is not 23 limited to: 24 (4) Testing equipment used, intended for use, or designed 25 for use in identifying, or in analyzing the strength, 26 effectiveness, or purity of, controlled substances, excluding 27 narcotic-drug-testing products that are used to determine 28 whether a controlled substance contains fentanyl as described in 29 s. 893.03(2)(b)9. or a controlled substance analog, as defined 30 in s. 893.0356, of fentanyl. 31 Section 2. This act shall take effect July 1, 2023.