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Republican Sponsorship
Public Safety

SB40

To Exclude Fentanyl Test Strips From The Definition Of "drug Paraphernalia" Under The Uniform Controlled Substances Act.

Introduced

Last Action (Jan. 9, 2023): Sine Die adjournment

Sponsors

AI-Generated Summary

Senate Bill 40 seeks to amend the Arkansas Uniform Controlled Substances Act to exclude fentanyl test strips from the legal definition of 'drug paraphernalia.' Currently, possession of drug paraphernalia is a criminal offense in Arkansas. By redefining these test strips as excluded from this category, the bill effectively decriminalizes the possession of single-use tools used to detect the presence of fentanyl or its analogs in substances. The primary purpose of the legislation is to facilitate the use of harm reduction tools by individuals who may come into contact with substances potentially contaminated with fentanyl. The bill does not create new programs but removes a legal barrier to the distribution and possession of testing equipment.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries include individuals who use substances, as they would be able to test their substances for the presence of fentanyl without fear of criminal prosecution for possession of paraphernalia. Additionally, harm reduction organizations, public health entities, and community clinics would benefit by being able to legally distribute these test strips to prevent accidental opioid overdoses.

Who Might Suffer?

While there are no direct entities negatively impacted by the substance of this legislation, some law enforcement or policymakers who prioritize strict anti-drug paraphernalia laws may view this bill as a reduction in the scope of enforcement tools available for drug interdiction. There is no evidence of specific groups that would suffer direct harm or financial loss.

Read Full Bill on arkleg.state.ar.us