Florida Senate - 2026                              CS for SB 646
       
       
        
       By the Committee on Fiscal Policy; and Senator Gaetz
       
       
       
       
       
       594-03159-26                                           2026646c1
    1                        A bill to be entitled                      
    2         An act relating to drug paraphernalia; amending s.
    3         893.145, F.S.; revising the definition of “drug
    4         paraphernalia” to exclude certain narcotic-drug
    5         testing products; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Subsection (4) of section 893.145, Florida
   10  Statutes, is amended to read:
   11         893.145 “Drug paraphernalia” defined.—The term “drug
   12  paraphernalia” means all equipment, products, and materials of
   13  any kind which are used, intended for use, or designed for use
   14  in planting, propagating, cultivating, growing, harvesting,
   15  manufacturing, compounding, converting, producing, processing,
   16  preparing, testing, analyzing, packaging, repackaging, storing,
   17  containing, concealing, transporting, injecting, ingesting,
   18  inhaling, or otherwise introducing into the human body a
   19  controlled substance in violation of this chapter or s. 877.111.
   20  Drug paraphernalia is deemed to be contraband which shall be
   21  subject to civil forfeiture. The term includes, but is not
   22  limited to:
   23         (4) Testing equipment used, intended for use, or designed
   24  for use in identifying, or in analyzing the strength,
   25  effectiveness, or purity of, controlled substances, excluding
   26  narcotic-drug-testing products that are used solely to determine
   27  whether a controlled substance contains fentanyl as described in
   28  s. 893.03(2)(b)9., dangerous fentanyl or fentanyl analogues as
   29  or any other controlled substance specified in s.
   30  893.135(1)(c)4.a., or xylazine as described in s.
   31  893.03(1)(c)37. This exclusion does not apply to a narcotic
   32  drug-testing product that can measure or determine the quantity,
   33  weight, or potency of a controlled substance.
   34         Section 2. This act shall take effect July 1, 2026.