Kentucky 2023 Regular Session

Kentucky Senate Bill SB59

Introduced
1/6/23  
Refer
1/6/23  

Caption

AN ACT relating to drug paraphernalia.

Impact

The implications of SB59 are significant as it seeks to amend Kentucky Revised Statutes to clarify the legal status of paraphernalia while seeking to balance law enforcement efforts with public health needs. By exempting testing devices from being classified as drug paraphernalia, the bill facilitates the monitoring of fentanyl, a potent and dangerous substance, potentially reducing overdose incidents. Furthermore, the bill allows local health departments to operate outreach programs for substance users, enabling needle exchanges and the provision of testing equipment without the fear of legal repercussions.

Summary

Senate Bill 59 (SB59) is a legislative act aimed at redefining and amending the existing laws regarding drug paraphernalia in the Commonwealth of Kentucky. The bill outlines the various items considered to be drug paraphernalia, including equipment and materials designed for the handling and consumption of controlled substances. Notably, the bill explicitly states that testing equipment for identifying fentanyl is excluded from this classification, thereby promoting harm reduction strategies and public health initiatives in addressing the opioid crisis.

Sentiment

The sentiment surrounding SB59 is generally supportive from public health advocates and many community members who view the bill as a necessary step towards reducing drug-related harm and facilitating the treatment of substance use disorders. However, there are apprehensions within certain circles regarding the potential for enabling drug use through the provision of paraphernalia, which has sparked ongoing debates about the balance between harm reduction and drug prevention policies.

Contention

Key points of contention include the tension between law enforcement and public health priorities. While law enforcement agencies may emphasize the need to control drug paraphernalia to reduce drug-related crime, advocates for SB59 argue that providing users with safe access to paraphernalia such as testing strips and syringes is crucial for preventing overdose deaths and promoting recovery. The disagreement highlights a broader societal debate on the best approach to address substance use and its implications for community safety.

Companion Bills

No companion bills found.

Previously Filed As

KY SB1002

Drug paraphernalia; testing; analyzing; repeal

KY SB1159

Drug paraphernalia; testing; analyzing; repeal

KY SB1400

Drug paraphernalia; testing; analyzing; repeal

KY SB1615

Drug paraphernalia; classification

KY SB924

Drug paraphernalia and controlled paraphernalia; drug checking products.

KY HB2126

Relating to the definition of drug paraphernalia and the criminal offense of possession or delivery of drug paraphernalia.

KY SB0122

Drug Paraphernalia Amendments

KY H6101

Drug Paraphernalia

KY HB187

Controlled substances, drug paraphernalia, exception for items used to test for the presence of fentanyl drugs, Sec. 13A-12-260 am'd.

KY SB168

Controlled substances, drug paraphernalia, exception for items used to test for the presence of fentanyl drugs, Sec. 13A-12-260 am'd.

Similar Bills

CA AB1598

Controlled substances: paraphernalia: controlled substance testing.

CA AB2136

Controlled substances: analyzing and testing.

CA SB250

Controlled substances: punishment.

CA SB6

Controlled substances: xylazine.

CA SB1502

Controlled substances: xylazine.

NJ S1973

Expands exemptions from drug paraphernalia laws to also exempt certain harm reduction supplies.

NJ S3957

Expands exemptions from drug paraphernalia laws to also exempt certain harm reduction supplies.

WV SB26

Relating generally to licenses to sell paraphernalia for use with controlled substances