2023 Legislature                    CS for SB 164, 1st Engrossed
    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 used for a specified
    6         purpose; providing applicability; providing an
    7         effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Subsection (4) of section 893.145, Florida
   12  Statutes, is amended to read:
   13         893.145 “Drug paraphernalia” defined.—The term “drug
   14  paraphernalia” means all equipment, products, and materials of
   15  any kind which are used, intended for use, or designed for use
   16  in planting, propagating, cultivating, growing, harvesting,
   17  manufacturing, compounding, converting, producing, processing,
   18  preparing, testing, analyzing, packaging, repackaging, storing,
   19  containing, concealing, transporting, injecting, ingesting,
   20  inhaling, or otherwise introducing into the human body a
   21  controlled substance in violation of this chapter or s. 877.111.
   22  Drug paraphernalia is deemed to be contraband which shall be
   23  subject to civil forfeiture. The term includes, but is not
   24  limited to:
   25         (4) Testing equipment used, intended for use, or designed
   26  for use in identifying, or in analyzing the strength,
   27  effectiveness, or purity of, controlled substances, excluding
   28  narcotic-drug-testing products that are used solely to determine
   29  whether a controlled substance contains fentanyl as described in
   30  s. 893.03(2)(b)9. or any other controlled substance specified in
   31  s. 893.135(1)(c)4.a. This exclusion does not apply to a
   32  narcotic-drug-testing product that can measure or determine the
   33  quantity, weight, or potency of a controlled substance.
   34         Section 2. This act shall take effect July 1, 2023.