Bills › 91st General Assembly
Relating to drug paraphernalia and drug-checking equipment
Sponsored by the House Health and Human Services Committee, Rep. Brett Barker (R), Rep. Brian K. Lohse (R)
Topics:Crime & correctionsHealth careFentanyl & drug crimes
Same legislation: HF 487
Where it is now
- Done: IntroducedFebruary 19, 2025
- Done: SubcommitteeFebruary 20, 2025
- Done: House committeeFebruary 26, 2025
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committeeFunnel: by March 20, 2026
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2026 session adjourned on May 3, 2026, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary People would no longer be charged with crimes for possessing or using equipment that tests drugs for dangerous substances like fentanyl. This change protects individuals and harm reduction groups who use testing kits or carry small amounts of drugs for analysis. Law enforcement cannot use these testing activities as a reason to stop, search, or arrest someone.1
Read the official explanation
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.
Why it matters. Individuals and harm reduction organizations would be allowed to possess, use, and distribute drug-checking equipment and test strips for substances like fentanyl or xylazine without being charged with drug paraphernalia crimes. People using these tools for testing would not face arrest, prosecution, loss of housing, or other penalties, and the results of these tests cannot be used as evidence in court or for clinical decisions. The state may use funds, such as those from the Iowa opioid litigation settlement proceeds fund, to support eligible drug-checking activities.2
1 written public comment to its subcommittee: February 24, 2025 (1) · on the Legislature’s site
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91st General Assembly