AB 345 — Revises provisions relating to drug paraphernalia. (BDR 40-978)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

345345–Assemblyman ASSEMBLYOrentlicher BJoint ILLNSponsor: O.

345–ASenator SSEMBLYMANDonate OCHAPTER.......... RENTLICHER M ARCH 22, 2021 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to drug paraphernalia.

(BDR 40-978) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

excludingproviding fentanyl test strips from the list of drug paraphernalia that it is prohibitednot forunlawful delivery,to sale,provide, possession,administer manufacture, advertising or use ina thistesting State;product for certain purposes;

exempting a person or entity acting in good faith and with reasonable care from professional discipline and civil liability for providing, administering or using a testing product for those purposes;

excluding testing products from the list of drug paraphernalia that is prohibited for delivery, sale, possession, manufacture, advertising or use in this State;

(NRS 453.564, 453.566) ThisSection 1 of this bill excludesprovides fentanylthat testit stripsis fromnot theseunlawfuls itto asprovide, definitionadminister ofor theuse terma “drugtesting paraphernalia”product forto theassist purposesa ofperson thosein offenses.determining whether a controlled substance contains chemicals, toxic substances or hazardous compounds.

Section 1 also exempts a person or entity who acts in good faith and with reasonable care in providing, administering or using a testing product for that purpose from professional discipline and civil liability.

Section 2 of this bill the purposes of those offenses.

Section 3 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

It is not unlawful to provide, administer or use a testing product to assist a person in determining whether a controlled substance contains chemicals, toxic substances or hazardous compounds.

- 81st Session (2021) – 2 – 2.

A person or entity who, acting in good faith and with reasonable care, provides, administers or uses a testing product to assist another person in determining whether a controlled substance contains chemicals, toxic substances or hazardous licensing statute and civil liability for such an act.al 3.

As used in this section, “testing product” has the meaning ascribed to it in NRS 453.554.

Sec.

2.

Except as otherwise provided in subsection 2, as used in NRS 453.554 to 453.566, inclusive, and section 1 of this act, unless the context otherwise requires, “drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, - *AB345_R1* – 2 – or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter.

(c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

potency of any species of plant which is a (d) Testing equipment , other than fentanyltesting testproducts, strips, used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

- 81st Session (2021) – 3 – (i) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(j) Containers and other objects used, intended for use, or designeddes(k) forObjects useused, inintended storingfor use, or concealingdesigned controlledfor substances;use ines;

and (k) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

- *AB345_R1* – 3 – (4) Roach clips, which are objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(7)(6) ChamberCarburetor pipes;espipes and carburetion tubes and devices;

(7) Chamber pipes;

(a) Any type of hypodermic syringe, needle, instrument, device or implement intended or capable of being adapted for the purpose of administering drugs by subcutaneous, intramuscular or intravenous injection [.] ;

ory subcutaneous, intramuscular or (b) FentanylTesting testproducts. strips.

As used in this section,section: “fentanyl test strip” means a strip used to rapidly test for the presence of fentanyl or other synthetic opiates.

H(a) -“Fentanyl *AB345_R1*test strip” means a strip used to rapidly test for the presence of fentanyl or other synthetic opiates.