HF 487 (LSB 2150YH (4) 91)

HOUSE FILE 487

BY  LOHSE and BARKER

A BILL FOR

An Act relating to drug paraphernalia and drug-checking equipment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.414, subsection 1, paragraph b, Code 2025, is amended to read as follows:
   b.  “Drug paraphernalia” does not include hypodermic any of the following:
   (1)  Hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose.
   (2)  Fentanyl test strips, xylazine test strips, or other materials used or intended for use in testing for the presence of fentanyl, xylazine, or a fentanyl or xylazine analog in a substance.
   (3)  Other drug-checking equipment used to inform individuals of whether a substance has been adulterated by the presence of a synthetic opioid, another controlled substance, or undisclosed chemical compound or contaminant.
   (4)  Materials used by agents of organizations that provide harm reduction services authorized by the state, a county, a municipality, or a public health department in the processing, preparing, packaging, repackaging, storing, or containing of a nominal amount of a controlled substance for the purpose of confirmatory testing.
   (5)  Drug-checking equipment used, purchased, transported, or distributed by agents of organizations that provide harm reduction services authorized by the state, a county, a municipality, or a public health department.
    Sec. 2.  NEW SECTION.  124.414A  Drug-checking equipment use permitted.
   1.  As used in this section and section 124.414:
   a.  “Drug checking” means the process of identifying, analyzing, or detecting the composition of a drug or the presence or composition of an unexpected substance within the drug.
   b.  “Drug-checking equipment” means equipment, products, or materials used, designed for use, or intended for use to perform drug checking, including materials and items used by the person operating the equipment or products to store, measure, or process samples for analysis. “Drug-checking equipment” includes fentanyl test strips, xylazine test strips, other immunoassay drug testing strips, colorimetric reagents, spectrometers such as Fourier transform infrared and Raman spectrometers, and equipment that uses high-performance liquid chromatography, gas chromatography, mass spectrometry, and nuclear magnetic resonance techniques. “Drug-checking equipment” does not include the substances being analyzed, drug packaging, or drug supplies.
   c.  “Drug-checking packaging” means the materials or items used by agents of organizations that provide harm reduction services to safely store, contain, cover, or transport small amounts of one or more controlled substances or controlled substance analogs. “Drug-checking packaging” includes but is not limited to plastic bags, plastic vials, glass vials, and wax paper bindles.
   d.  “Eligible activities” means purchasing, obtaining, providing, transporting, distributing, using, or evaluating the use of drug-checking equipment by organizations that provide harm reduction services.
   e.  “Harm reduction” means a program, service, support, or resource that attempts to reduce the adverse consequences of substance use among people who use substances. “Harm reduction” addresses conditions that give rise to substance use, as well as the substance use itself, and may include but is not limited to drug checking, naloxone distribution, and education about laws protecting overdose reporters, as defined in section 214.418.
   2.  A person may do any of the following:
   a.  Obtain, possess, purchase, sell, provide, transport, distribute, use, or request another person to use drug-checking equipment.
   b.  Possess, transport, deliver, or provide drug paraphernalia or a nominal amount of one or more controlled substances or controlled substance analogs for, or during, analysis by drug-checking equipment.
   c.  Possess, provide, or communicate the results of the drug-checking analysis in paper, electronic, or verbal form.
   3.  The state may authorize use of state or state-administered funds including but not limited to moneys in the Iowa opioid litigation settlement proceeds fund for eligible drug-checking activities.
   4.  No person shall prohibit another person from using federal funds for eligible drug-checking activities, provided the use of the federal funds is consistent with federal law and any rules governing use of the funds.
   5.  No person shall be subject to the following for engaging in any act authorized under this section:
   a.  Arrested, charged, prosecuted, or subject to revocation of probation, parole, or pretrial release.
   b.  Civil, disciplinary, or administrative action.
   c.  The loss of one or more dependents.
   d.  The loss of housing.
   e.  Any other punitive action or penalty taken against the person for engaging in any act authorized under this section. 
   6.  The fact that a person engages in any act authorized under this section shall not:
   a.  Serve as the basis, in whole or in part, for a determination by a law enforcement officer or any court of probable cause or reasonable suspicion to stop, search, or arrest the person or search or seize the person’s property.
   b.  Be admissible as evidence in a criminal case or administrative action against the person.
   7.  The results from a drug-checking analysis shall not be used by any person for treatment or other clinical decisions, in any criminal investigation, or as evidence in a criminal case or administrative action.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to drug paraphernalia and drug-checking equipment.
   Under current law, a person who knowingly or intentionally manufactures, delivers, sells, or possesses drug paraphernalia commits a simple misdemeanor. Hypodermic needles or syringes manufactured, delivered, sold, or possessed for a lawful purpose are exempt from the definition of “drug paraphernalia”. The bill also exempts test strips or other materials used or intended for use in testing for the presence of fentanyl, xylazine, or a fentanyl or xylazine analog in a substance; drug-checking equipment used to inform individuals of whether a substance has been adulterated; materials used by agents of organizations that provide harm reduction services in the processing, preparing, packaging, repackaging, storing, or containing of a nominal amount of a controlled substance for the purpose of confirmatory testing; and drug-checking equipment used, purchased, transported, or distributed by agents of organizations that provide harm reduction services authorized by the state, a county, a municipality, or a public health department from the definition of “drug paraphernalia”.
   The bill provides that a person may do any of the following: obtain, possess, purchase, sell, provide, transport, distribute, use, or request another person to use drug-checking equipment; possess, transport, deliver, or provide drug paraphernalia or a nominal amount of one or more controlled substances or controlled substance analogs for, or during, analysis by drug-checking equipment; and possess, provide, or communicate the results of the drug-checking analysis in paper, electronic, or verbal form.
   The bill provides that the state may authorize use of state or state-administered funds including but not limited to moneys in the Iowa opioid litigation settlement proceeds fund for eligible drug-checking activities.
   The bill provides that no person shall be subject to the following for engaging in any act authorized by the bill: arrested, charged, prosecuted, or subject to revocation of probation, parole, or pretrial release; civil, disciplinary, or administrative action; the loss of one or more dependents; the loss of housing; or any other punitive action or penalty taken against the person. 
   The bill provides that the fact that a person is engaging in any act authorized by the bill shall not: serve as the basis for a determination by a law enforcement officer or any court of probable cause or reasonable suspicion to stop, search, or arrest the person or search or seize the person’s property; or be admissible as evidence in a criminal case or administrative action against the person. The results from a drug-checking analysis shall not be used by any person for treatment or other clinical decisions, in any criminal investigation, or as evidence in a criminal case or administrative action.