Florida SB 646: Drug Paraphernalia

Bill Text

646 
Drug Paraphernalia 
2026-02-24T11:10:23Z 
Revising the definition of “drug paraphernalia” to exclude certain narcotic-drug-testing products, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 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.