House File 487 - Introduced HOUSE FILE 487 BY LOHSE and BARKER A BILL FOR An Act relating to drug paraphernalia and drug-checking 1 equipment. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2150YH (4) 91 as/js
H.F. 487 Section 1. Section 124.414, subsection 1, paragraph b, Code 1 2025, is amended to read as follows: 2 b. Drug paraphernalia does not include hypodermic any of 3 the following: 4 (1) Hypodermic needles or syringes if manufactured, 5 delivered, sold, or possessed for a lawful purpose. 6 (2) Fentanyl test strips, xylazine test strips, or other 7 materials used or intended for use in testing for the presence 8 of fentanyl, xylazine, or a fentanyl or xylazine analog in a 9 substance. 10 (3) Other drug-checking equipment used to inform 11 individuals of whether a substance has been adulterated by the 12 presence of a synthetic opioid, another controlled substance, 13 or undisclosed chemical compound or contaminant. 14 (4) Materials used by agents of organizations that provide 15 harm reduction services authorized by the state, a county, a 16 municipality, or a public health department in the processing, 17 preparing, packaging, repackaging, storing, or containing of 18 a nominal amount of a controlled substance for the purpose of 19 confirmatory testing. 20 (5) Drug-checking equipment used, purchased, transported, 21 or distributed by agents of organizations that provide harm 22 reduction services authorized by the state, a county, a 23 municipality, or a public health department. 24 Sec. 2. NEW SECTION . 124.414A Drug-checking equipment use 25 permitted. 26 1. As used in this section and section 124.414: 27 a. Drug checking means the process of identifying, 28 analyzing, or detecting the composition of a drug or the 29 presence or composition of an unexpected substance within the 30 drug. 31 b. Drug-checking equipment means equipment, products, 32 or materials used, designed for use, or intended for use to 33 perform drug checking, including materials and items used 34 by the person operating the equipment or products to store, 35 -1- LSB 2150YH (4) 91 as/js 1/ 5
H.F. 487 measure, or process samples for analysis. Drug-checking 1 equipment includes fentanyl test strips, xylazine test strips, 2 other immunoassay drug testing strips, colorimetric reagents, 3 spectrometers such as Fourier transform infrared and Raman 4 spectrometers, and equipment that uses high-performance 5 liquid chromatography, gas chromatography, mass spectrometry, 6 and nuclear magnetic resonance techniques. Drug-checking 7 equipment does not include the substances being analyzed, drug 8 packaging, or drug supplies. 9 c. Drug-checking packaging means the materials or items 10 used by agents of organizations that provide harm reduction 11 services to safely store, contain, cover, or transport small 12 amounts of one or more controlled substances or controlled 13 substance analogs. Drug-checking packaging includes but is 14 not limited to plastic bags, plastic vials, glass vials, and 15 wax paper bindles. 16 d. Eligible activities means purchasing, obtaining, 17 providing, transporting, distributing, using, or evaluating the 18 use of drug-checking equipment by organizations that provide 19 harm reduction services. 20 e. Harm reduction means a program, service, support, or 21 resource that attempts to reduce the adverse consequences of 22 substance use among people who use substances. Harm reduction 23 addresses conditions that give rise to substance use, as well 24 as the substance use itself, and may include but is not limited 25 to drug checking, naloxone distribution, and education about 26 laws protecting overdose reporters, as defined in section 27 214.418. 28 2. A person may do any of the following: 29 a. Obtain, possess, purchase, sell, provide, transport, 30 distribute, use, or request another person to use drug-checking 31 equipment. 32 b. Possess, transport, deliver, or provide drug 33 paraphernalia or a nominal amount of one or more controlled 34 substances or controlled substance analogs for, or during, 35 -2- LSB 2150YH (4) 91 as/js 2/ 5
H.F. 487 analysis by drug-checking equipment. 1 c. Possess, provide, or communicate the results of the 2 drug-checking analysis in paper, electronic, or verbal form. 3 3. The state may authorize use of state or 4 state-administered funds including but not limited to 5 moneys in the Iowa opioid litigation settlement proceeds fund 6 for eligible drug-checking activities. 7 4. No person shall prohibit another person from using 8 federal funds for eligible drug-checking activities, provided 9 the use of the federal funds is consistent with federal law and 10 any rules governing use of the funds. 11 5. No person shall be subject to the following for engaging 12 in any act authorized under this section: 13 a. Arrested, charged, prosecuted, or subject to revocation 14 of probation, parole, or pretrial release. 15 b. Civil, disciplinary, or administrative action. 16 c. The loss of one or more dependents. 17 d. The loss of housing. 18 e. Any other punitive action or penalty taken against the 19 person for engaging in any act authorized under this section. 20 6. The fact that a person engages in any act authorized 21 under this section shall not: 22 a. Serve as the basis, in whole or in part, for a 23 determination by a law enforcement officer or any court of 24 probable cause or reasonable suspicion to stop, search, or 25 arrest the person or search or seize the persons property. 26 b. Be admissible as evidence in a criminal case or 27 administrative action against the person. 28 7. The results from a drug-checking analysis shall not be 29 used by any person for treatment or other clinical decisions, 30 in any criminal investigation, or as evidence in a criminal 31 case or administrative action. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanations substance by the members of the general assembly. 35 -3- LSB 2150YH (4) 91 as/js 3/ 5
H.F. 487 This bill relates to drug paraphernalia and drug-checking 1 equipment. 2 Under current law, a person who knowingly or intentionally 3 manufactures, delivers, sells, or possesses drug paraphernalia 4 commits a simple misdemeanor. Hypodermic needles or syringes 5 manufactured, delivered, sold, or possessed for a lawful 6 purpose are exempt from the definition of drug paraphernalia. 7 The bill also exempts test strips or other materials used or 8 intended for use in testing for the presence of fentanyl, 9 xylazine, or a fentanyl or xylazine analog in a substance; 10 drug-checking equipment used to inform individuals of whether 11 a substance has been adulterated; materials used by agents 12 of organizations that provide harm reduction services in 13 the processing, preparing, packaging, repackaging, storing, 14 or containing of a nominal amount of a controlled substance 15 for the purpose of confirmatory testing; and drug-checking 16 equipment used, purchased, transported, or distributed by 17 agents of organizations that provide harm reduction services 18 authorized by the state, a county, a municipality, or a public 19 health department from the definition of drug paraphernalia. 20 The bill provides that a person may do any of the following: 21 obtain, possess, purchase, sell, provide, transport, 22 distribute, use, or request another person to use drug-checking 23 equipment; possess, transport, deliver, or provide drug 24 paraphernalia or a nominal amount of one or more controlled 25 substances or controlled substance analogs for, or during, 26 analysis by drug-checking equipment; and possess, provide, or 27 communicate the results of the drug-checking analysis in paper, 28 electronic, or verbal form. 29 The bill provides that the state may authorize use of state 30 or state-administered funds including but not limited to moneys 31 in the Iowa opioid litigation settlement proceeds fund for 32 eligible drug-checking activities. 33 The bill provides that no person shall be subject to the 34 following for engaging in any act authorized by the bill: 35 -4- LSB 2150YH (4) 91 as/js 4/ 5
H.F. 487 arrested, charged, prosecuted, or subject to revocation of 1 probation, parole, or pretrial release; civil, disciplinary, or 2 administrative action; the loss of one or more dependents; the 3 loss of housing; or any other punitive action or penalty taken 4 against the person. 5 The bill provides that the fact that a person is engaging in 6 any act authorized by the bill shall not: serve as the basis 7 for a determination by a law enforcement officer or any court 8 of probable cause or reasonable suspicion to stop, search, or 9 arrest the person or search or seize the persons property; or 10 be admissible as evidence in a criminal case or administrative 11 action against the person. The results from a drug-checking 12 analysis shall not be used by any person for treatment or 13 other clinical decisions, in any criminal investigation, or as 14 evidence in a criminal case or administrative action. 15 -5- LSB 2150YH (4) 91 as/js 5/ 5