SB 646 — Drug Paraphernalia

Florida Senate - 2026 CS for SB 646 By Senatorthe GaetzCommittee 1-00876-26on 2026646__Fiscal APolicy; bill to be entitled An act relating to drug paraphernalia;

providingand legislativeSenator findingsGaetz and594-03159-26 intent;2026646c1 A bill to be entitled An act relating to drug paraphernalia;

revising the definition of “drug paraphernalia” to exclude certain narcotic-drug-testingnarcotic-drug- testing products;

87 Be It Enacted by the Legislature of the State of Florida:

9 Section 1.

(1)Subsection The(4) Legislatureof findssection and893.145, declaresFlorida thatStatutes, thisis stateamended continues to experienceread: unprecedented deaths caused by synthetic opioids, stimulants, and other adulterated or misrepresented substances in the illicit drug supply.

(2) In the 2024 Annual Report of the Florida Medical Examiners, Florida Department of Law Enforcement, the most frequently occurring drugs found in decedents were fentanyl and fentanyl analogs, benzodiazepines, cannabinoids, morphine, xylazine, cocaine, methamphetamine, amphetamine, gabapentin, cathinones, and oxycodone.

(3) The Legislature recognizes that drug-testing products, including test strips, reagent kits, and related products, are evidence-based harm reduction strategies that do not encourage drug use, but, instead, prevent overdose and death by allowing individuals and communities to identify the presence of dangerous controlled substances and adulterants.

(4) It is the intent of the Legislature to decriminalize the possession, distribution, and use of drug-testing products so that residents of this state can access life-saving information about controlled substances and adulterants before Page 1 of 5 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 SB 646 1-00876-26 2026646__ tragedy occurs.

Section 2.

Section 893.145, Florida Statutes, is amended to read:

(1)(4) KitsTesting equipment used, intended for use, or designed for use in theidentifying, planting,or propagating,in cultivating,analyzing growing,the strength, effectiveness, or harvestingpurity ofof, anycontrolled speciessubstances, ofexcluding plantnarcotic-drug-testing whichproducts isthat aare controlledused substancesolely orto fromdetermine whichwhether a controlled substance cancontains befentanyl derived.as described in s.

(2)893.03(2)(b)9., Kitsdangerous used,fentanyl intended for use, or designedfentanyl foranalogues useas inor manufacturing,any compounding,other converting,controlled producing,substance processing,specified orin preparings. controlled substances.

(3)Page Isomerization1 devices used, intended for use, or designed for use in increasing the potency of any2 speciesCODING: of plant which is a controlled substance.

(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances.

The term does not include test strips, reagent kits, or any other, Page 2 of 5 CODING:

Florida Senate - 2026 CS for SB 646 1-00876-26594-03159-26 2026646__2026646c1 excluding893.135(1)(c)4.a., narcotic-drug-testingor productsxylazine that are used solely to determine whether a controlled substance contains fentanyl as described in s.

893.03(2)(b)9.893.03(1)(c)37.

orThis dangerousexclusion fentanyldoes not apply to a narcotic- drug-testing product that can measure or fentanyldetermine analoguesthe asquantity, anyweight, otheror controlledpotency substanceof specifieda incontrolled s.substance.

893.135(1)(c)4.a.,Section xylazine,2. cocaine, amphetamines, cathinones, or any other controlled substance or adulterant.

This exclusion does not apply to a narcotic-drug-testing product that can measure or determine the quantity, weight, or potency of a controlled substance.

(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

(6) Diluents and adulterants, such as quinine hydrochloride, caffeine, dimethyl sulfone, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in diluting controlled substances;

or substances such as damiana leaf, marshmallow leaf, and mullein leaf, used, intended for use, or designed for use as carrier mediums of controlled substances.

(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis.

(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.

(9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

(10) Containers and other objects used, intended for use, or designed for use in storing, concealing, or transporting Page 3 of 5 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 SB 646 1-00876-26 2026646__ controlled substances.

(11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances, as described in s.

893.03, or substances described in s.

877.111(1) into the human body, such as:

(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls.

(b) Water pipes.