FloridaFlorida law excludes certain tests from drug-paraphernalia definition
Florida law excludes certain tests that only check for listed drugs from its drug-paraphernalia definition, but tests that measure amount or strength remain covered.
What it does
Certain tests that only check whether a sample contains listed drugs are excluded from the drug-paraphernalia definition. Products that can measure a drug’s amount or strength remain covered.
Argument forPeople may use certain tests to check for listed drugs without those tests being treated as drug paraphernalia, if the tests only check for presence.
Argument againstTests that can measure a drug’s amount or strength remain covered by the paraphernalia definition and may still face civil forfeiture.
More detail
The law excludes certain tests from the drug-paraphernalia definition. The definition covers equipment, products, and materials used, intended, or designed for use with controlled substances in violation of Florida law. The product must be used solely to determine whether a controlled substance contains fentanyl, specified fentanyl analogues or other specified controlled substances, or xylazine. The exclusion does not apply if the product can measure a controlled substance’s quantity, weight, or potency. The law took effect July 1, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 17Chapter No. 2026-157Latest
- Jun 16Approved by Governor Ron DeSantisBecame Law
- Jun 9Signed by Officers and presented to GovernorTo Governor
- Mar 6Ordered enrolledMinor
- Vote recorded Third Reading. Result: pass.Upper
- Mar 6In Messages
- Mar 6CS passed; YEAS 34 NAYS 0Passed Senate
- Mar 6Read 3rd timeMinor
- Mar 6Read 2nd timeMinor
- Mar 6Substituted for CS/SB 646
- Mar 6Placed on Calendar, on 2nd reading
- Mar 6Withdrawn from RulesMajor
- Feb 26ReceivedMinor
- Feb 26Referred to RulesMinor
- Feb 25In Messages
- Vote recorded Passage, Third Reading. Result: pass.Lower
- Feb 25CS passed; YEAS 116, NAYS 0Passed House
- Feb 25Read 3rd timeMinor
- Feb 25Added to Third Reading Calendar
- Feb 25Read 2nd timeMinor
- Feb 19Bill added to Special Order Calendar (2/25/2026)
- Feb 17Added to Second Reading Calendar
- Vote recorded Favorable (Judiciary Committee). Result: pass.Lower
- Feb 17Bill released to House Calendar
- Feb 17Reported out of Judiciary Committee
- Feb 17Favorable by Judiciary CommitteeMinor
- Feb 131st Reading (Committee Substitute 1)Minor
- Feb 13Added to Judiciary Committee agenda
- Feb 13Now in Judiciary Committee
- Feb 13Referred to Judiciary CommitteeMinor
- Feb 12CS FiledMinor
- Vote recorded Favorable (Criminal Justice Subcommittee). Result: pass.Lower
- Feb 12Laid on Table under Rule 7.18(a)Minor
- Feb 12Reported out of Criminal Justice Subcommittee
- Feb 12Favorable with CS by Criminal Justice SubcommitteeMinor
- Feb 10PCS added to Criminal Justice Subcommittee agenda
- Jan 131st Reading (Original Filed Version)Minor
- 2025
- Nov 24Now in Criminal Justice Subcommittee
- Nov 24Referred to Judiciary CommitteeMinor
- Nov 24Referred to Criminal Justice SubcommitteeMinor
- Nov 19FiledIntroduced
Criminal Justice