SB6: SB6 Controlled Substances; determine whether a controlled substance has been adulterated; authorize the use of testing equipment

Under current Georgia law, testing equipment used to check whether a controlled substance has been contaminated or altered could potentially be classified as a 'drug related object,' which is illegal to possess under the state's Controlled Substances Act (O.C.G.A. § 16-13). Senate Bill 6 amends O.C.G.A. § 26-3-22, part of the Georgia Drug and Cosmetic Act, to clarify that this rule does not apply to drug analysis equipment. The bill states that any equipment used to determine whether a controlled substance or its packaging has been adulterated and contains a synthetic opioid will not count as a drug related object under Georgia law. This effectively allows people to use tools such as fentanyl test strips without risk of that equipment itself being treated as illegal. The bill repeals any conflicting laws and does not list a delayed effective date, so it would take effect once signed into law under the state's standard rules.

• Amends Georgia's drug and cosmetic law (O.C.G.A. § 26-3-22) to exempt drug testing equipment from the definition of a 'drug related object' under the Georgia Controlled Substances Act.
• Applies specifically to equipment used to check whether a controlled substance or its packaging has been adulterated and contains a synthetic opioid, such as fentanyl.
• Repeals any existing state laws that conflict with this new exemption.

People who use or carry drug testing equipment such as fentanyl test strips, harm reduction organizations that distribute such supplies, law enforcement officers who decide whether to charge someone for possessing drug paraphernalia, and prosecutors handling related cases.

By removing legal risk from possessing drug testing supplies, the bill changes how police and prosecutors can treat people found with equipment meant to detect dangerous contaminants like fentanyl in street drugs, potentially making such testing tools easier to use without fear of criminal charges.

• Section 1 revises subsection (a) of O.C.G.A. § 26-3-22 to add a new exception for drug analysis equipment used to detect adulteration.
• The exception specifically covers equipment used to determine if a controlled substance or its packaging contains a synthetic opioid.
• The bill clarifies that such equipment is not a 'drug related object' as defined under Article 2 of Chapter 13 of Title 16, the Georgia Controlled Substances Act.
• Section 2 repeals all laws and parts of laws that conflict with the new provision.

1. 2025-05-12Effective Date 2025-07-01
2. 2025-05-12Act 126
3. 2025-05-12Senate Date Signed by Governor (Senate)
4. 2025-04-07Senate Sent to Governor (Senate)
5. 2025-03-18House Passed/Adopted (House)
6. 2025-03-18House Third Readers (House)
7. 2025-03-11House Committee Favorably Reported (House)
8. 2025-02-12House Second Readers (House)

• Kay Kirkpatrick (R, SD-032)Primary sponsor
• Brian Strickland (R, SD-042)
• Randy Robertson (R, SD-029)
• Kim Jackson (D, SD-041)
• Matt Brass (R, SD-006)
• Russ Goodman (R, SD-008)
• Sally Harrell (D, SD-040)
• Ben Watson (R, SD-001)
• Sharon Cooper (R, HD-045)

1. PassedSenate voteFebruary 10, 2025

   55 yea, 0 nay (0 not voting, 1 absent)

   Passage By Substitute: Senate Vote #31

2. PassedHouse voteMarch 18, 2025

   170 yea, 0 nay (4 not voting, 6 absent)

   Passage: House Vote #283

• drug testing equipment
• fentanyl test strips
• controlled substances law
• harm reduction
• drug paraphernalia laws