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Clarifies that federal drug-paraphernalia rules do not apply to tools that detect fentanyl or xylazine in a substance. Possessing, selling, buying, importing, exporting, or transporting these detection devices is allowed under federal law. This change aims to make it easier for health providers, harm‑reduction groups, first responders, and law enforcement to use and distribute test strips and other detection tools to prevent overdoses. It does not legalize fentanyl, xylazine, or other drug paraphernalia and does not spend new money or create new programs.
Adds a new subsection (g) to Section 422 of the Controlled Substances Act clarifying that Section 422 does not apply to the possession, sale, purchase, importation, exportation, or transportation of equipment whose intended use is to indicate the presence of fentanyl or xylazine in a compound.
People with substance use disorders benefit from easier access to test strips and other tools that can identify fentanyl or xylazine in drugs, potentially reducing overdoses. Health care providers and harm‑reduction organizations can more confidently distribute and use these tools without fear of violating federal paraphernalia laws. First responders and law enforcement gain clearer authority to carry and use detection devices for safety and evidence screening. Importers, wholesalers, and retailers can move detection products in commerce under federal law. Communities may see improved public health outcomes with minimal cost or administrative burden, since the change adds no mandates or funding requirements. State and local rules may still govern how these tools are used or distributed.
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Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced February 25, 2025 by Jasmine Crockett · Last progress February 25, 2025
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House