SB391 Alabama 2019 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Session

Regular Session 2019

Title

Drug paraphernalia, use to analyze or test controlled substances, excluded from criminal violations re use, possession, or sale for use to test or analyze controlled substance, Sec. 13A-12-260 am'd.

Summary

The bill narrows the drug paraphernalia law by removing testing/analytical devices from what counts as paraphernalia, reducing criminal exposure for those items.

What This Bill Does

It amends Section 13A-12-260 to delete items used for testing or analyzing a controlled substance from the definition of drug paraphernalia. As a result, using or possessing such testing equipment would no longer be illegal under this drug paraphernalia statute. The bill keeps existing offenses and penalties for other paraphernalia activities (such as manufacturing, delivering, or selling paraphernalia) and preserves forfeiture provisions for items that remain illegal, with an effective date set for the first day of the third month after passage and approval.

Who It Affects

• People who would otherwise use or possess testing or analyzing equipment for drugs, who would no longer be charged under the paraphernalia law for those items.
• Law enforcement and prosecutors, who would see fewer cases involving testing/analytical paraphernalia, but would still prosecute other drug paraphernalia offenses where applicable.
• Retailers and manufacturers of drug testing/analysis equipment, who could face reduced enforcement exposure under the paraphernalia statute when those items are used for lawful or non-paraphernalia purposes.

Key Provisions

• Deletes from the definition of 'drug paraphernalia' all items used or designed for testing or analyzing controlled substances.
• Preserves other paraphernalia-related offenses and their penalties (use/possession with intent to use, delivery or sale, manufacturing) and the associated criminal classifications.
• Maintains contraband/forfeiture provisions for drug paraphernalia that remain defined.
• Specifies the act becomes law on the first day of the third month after passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Controlled Substances