Introduced Version
SENATE BILL No. 98
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2-130.7; IC 35-48-4-8.3.
Synopsis: Possession of fentanyl test strips. Provides that the
possession of a fentanyl test strip is not a crime.
Effective: July 1, 2025.
Jackson L
January 8, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 98—LS 6219/DI 92 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 98
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-31.5-2-130.7 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 130.7. "Fentanyl test strip"
4 means an instrument, a device, or another object that detects the
5 presence of fentanyl.
6 SECTION 2. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
7 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 8.3. (a) This section does not apply to the
9 following:
10 (1) A rolling paper.
11 (2) A fentanyl test strip.
12 (b) A person who knowingly or intentionally possesses an
13 instrument, a device, or another object that the person intends to use
14 for:
15 (1) introducing into the person's body a controlled substance;
16 (2) testing the strength, effectiveness, or purity of a controlled
17 substance; or
2025 IN 98—LS 6219/DI 92 2
1 (3) enhancing the effect of a controlled substance;
2 commits a Class C misdemeanor. However, the offense is a Class A
3 misdemeanor if the person has a prior unrelated judgment or conviction
4 under this section.
2025 IN 98—LS 6219/DI 92