HB 113
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
January 31, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 113
SUMMARY OF BILL: Extends indefinitely a provision that excludes certain narcotic testing
equipment from the definition of drug paraphernalia.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Pursuant to Tenn. Code Ann. § 39-17-402(12)(B)(ii), narcotic testing equipment used to
determine whether a controlled substance contains a synthetic opioid is not considered
illicit drug paraphernalia unless such equipment is possessed for purposes of committing
the offense of manufacturing, delivering, selling or possessing a controlled substance with
intent to manufacture, deliver or sell the controlled substance. This provision is set to be
repealed on July 1, 2025.
• The proposed legislation deletes this repeal date, thereby extending the provision
indefinitely.
• Pursuant to Tenn. Code Ann. § 39-17-425(a)(2), it is a Class A misdemeanor for
unauthorized persons to use or possess with intent to use drug paraphernalia.
• Pursuant to Tenn. Code Ann. § 39-17-425(b)(2), it is a Class E felony for unauthorized
persons to deliver, possess with intent to deliver, or manufacture with intent to deliver drug
paraphernalia.
• The existing temporary exclusion did not lead to a significant decrease in the number of
prosecutions. Therefore, extending the exclusion indefinitely will not result in a significant
impact on the number of prosecutions for state or local government to experience any
change in revenue or expenditures.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director