Relating to drug paraphernalia and drug-checking equipment

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.