Kansas 2023-2024 Regular Session

Kansas House Bill HB2328

Introduced
2/7/23  
Refer
2/7/23  

Caption

Excluding tests to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid in a substance from the definition of drug paraphernalia.

Impact

The amendment will potentially reduce the legal barriers faced by individuals and organizations involved in testing substances for these specific drugs. This can lead to increased accessibility for drug testing kits, which are vital for preventing overdoses and ensuring public safety. Law enforcement and public health officials may find it easier to respond proactively to the current opioid crisis, especially in the context of fentanyl's growing prevalence in illicit drug markets. However, the bill also raises questions about the remaining substances included under the drug paraphernalia definitions and how they will be enforced.

Summary

House Bill 2328 seeks to amend the definition of drug paraphernalia under Kansas law. Specifically, it excludes materials used for testing the presence of certain substances, namely fentanyl, ketamine, and gamma hydroxybutyric acid, from being classified as drug paraphernalia. This legislative change is aimed at facilitating detection efforts for these dangerous substances, amid rising concerns regarding their illicit use and health implications. By removing the testing materials from the paraphernalia definition, the bill reflects a shift towards a more nuanced approach to drug policy, especially in relation to harm reduction strategies.

Contention

There are notable points of contention surrounding HB2328, particularly among advocacy groups and policymakers. Critics may argue that while the intent is to bolster testing capabilities, there exists a concern that this change could also inadvertently normalize drug use. Additionally, the effectiveness of such testing materials in preventing drug-related harm continues to be debated. As it stands, stakeholders in the health and legal sectors are tasked with balancing public safety with the necessity of comprehensive drug control measures.

Companion Bills

No companion bills found.

Previously Filed As

KS SB174

Increasing the criminal penalties for battery of a healthcare provider, adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and for manufacturing or distributing any controlled substances that are likely to be attractive to minors because of their appearance or packaging, creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment, excluding materials used to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid from the definition of drug paraphernalia, adding domestic battery and violation of a protection order to the crimes that a person can have the intent to commit when committing burglary or aggravated burglary, increasing criminal penalties for the crime of interference with law enforcement when the violation involves fleeing from a law enforcement officer and authorizing the attorney general to prosecute certain crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.

KS HB2398

Adding the placing of controlled substances into pills into the definition of manufacture, increasing the criminal penalties for manufacturing fentanyl and creating a special sentencing rule to make sentences for distributing fentanyl presumptive imprisonment.

KS HB2596

Adding and removing certain substances in schedules I, II, IV and V of the uniform controlled substances act and making conforming changes to the criminal code definition of "fentanyl-related controlled substances."

KS HB2547

Pertaining to the regulation of certain drugs, authorizing schools to maintain stock supplies of emergency medication kits for certain life-threatening conditions and adding and removing certain substances in schedules I, II, IV and V of the uniform controlled substances act and making conforming changes to the criminal code definition of fentanyl-related controlled substances.

KS SB238

Increasing criminal penalties on drug-related crimes when the drug is fentanyl and creating special sentencing rules for mandatory imprisonment and additional terms of imprisonment for drug-related crimes when the drug is fentanyl or is attractive to minors because of its appearance or packaging.

KS HB2215

Creating the crime of utilizing a drug-masking product and providing criminal penalties therefor.

KS HB2218

Amending the definition of "psilocybin" in the uniform controlled substances act to exclude the pharmaceutical composition of crystalline polymorph psilocybin and adding crystalline polymorph psilocybin to schedule IV of the uniformed controlled substance act.

KS SB292

Prohibiting the transfer of hemp-derived cannabinoid products to any person under the age of 21, establishing packaging and labeling requirements for such products and amending the definition of industrial hemp and hemp products.

KS SB2284

Drug paraphernalia; except testing equipment used to detect fentanyl from definition of.

KS HB187

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 AB2018

Controlled substances: fenfluramine.

CA SB1502

Controlled substances: xylazine.

CA AB527

Controlled substances.

CA SB6

Controlled substances: xylazine.

CA AB2783

Controlled substances: hydrocodone combination products: schedules.

CA AB2589

Controlled substances: human chorionic gonadotropin.

MS HB232

Uniform Controlled Substances Act; revise schedules.

MS SB2283

Uniform Controlled Substances Act; revise schedules.