SB 6: Controlled Substances; determine whether a controlled substance has been adulterated; authorize the use of testing equipment

Georgia law currently says that testing equipment used to check whether a controlled substance has been adulterated with a synthetic opioid is not considered a 'drug related object,' meaning it is not treated as illegal paraphernalia. This bill rewrites that provision in O.C.G.A. § 26-3-22. The bill broadens the exemption in two ways. First, it removes the requirement that the equipment only be used to check for synthetic opioids specifically, so it now covers checking for adulteration generally. Second, it expands the exemption to cover not just testing equipment but also drug packaging itself, and extends protection to checking whether the packaging (not just the substance) has been adulterated. The rest of the underlying code section, which says the chapter does not excuse anyone from complying with other drug manufacturing and control laws, stays the same. The bill repeals conflicting laws and does not list a delayed effective date beyond the usual rule for Georgia legislation.

• Removes the requirement that drug analysis equipment be tested only for synthetic opioids, broadening the exemption to adulteration generally.
• Changes the term 'testing equipment' to 'drug analysis equipment' in the legal exemption from being classified as a drug related object (paraphernalia).
• Extends the exemption to cover controlled substance packaging in addition to the substance itself.
• Keeps intact the requirement that people still comply with other drug manufacturing and control laws referenced in the same code section.

People who use drug-checking tools such as fentanyl test strips, harm reduction organizations that distribute such equipment, law enforcement officers who decide what counts as illegal drug paraphernalia, and anyone who possesses controlled substance packaging that gets tested for adulteration.

By removing the narrow synthetic-opioid limit and adding packaging, the bill makes it clearer that a wider range of drug-checking tools and materials cannot be prosecuted as illegal paraphernalia, which could affect harm reduction efforts and how police classify seized testing supplies.

• Section 1 amends O.C.G.A. § 26-3-22(a) by changing 'testing equipment' to 'drug analysis equipment.'
• Section 1 removes the phrase limiting the exemption to equipment testing for a synthetic opioid, broadening it to any adulteration.
• Section 1 adds 'or its packaging' so the exemption also covers testing controlled substance packaging.
• Section 1 preserves the rule that this chapter does not excuse compliance with other drug laws, including the Dangerous Drug Act and Georgia Controlled Substances Act.
• Section 2 repeals any laws that conflict with the bill.

1. 2025-07-01Effective Date
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-32)Primary sponsor
• Brian Strickland (R, SD-42)
• Randy Robertson (R, SD-29)
• Kim Jackson (D, SD-41)
• Matt Brass (R, SD-6)
• Russ Goodman (R, SD-8)
• Sally Harrell (D, SD-40)
• Ben Watson (R, SD-1)
• Sharon Cooper (R, HD-45)

1. PassedSenate voteFebruary 10, 2025

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

   PASSAGE BY SUBSTITUTE: Senate Vote #31

2. PassedHouse voteMarch 18, 2025

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

   PASSAGE: House Vote #283

• drug policy
• harm reduction
• fentanyl test strips
• controlled substances law