SB168 Alabama 2022 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Co-Sponsors

William “Bill” M. BeasleyTom ButlerLinda Coleman-MadisonSam GivhanKirk HatcherJack W. Williams

Session

Regular Session 2022

Title

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

Summary

SB168 creates an exception to Alabama's drug paraphernalia law to allow testing equipment used to detect fentanyl or related synthetic fentanyl analogues.

What This Bill Does

SB168 amends the drug paraphernalia law to explicitly permit possession, delivery, or sale of testing equipment that detects fentanyl or fentanyl analogues. It preserves existing prohibitions and penalties for using or selling paraphernalia to manufacture or distribute controlled substances, including various offenses and enhanced penalties when a firearm is involved or when delivering to someone under 18. It also keeps the contraband and forfeiture rules for paraphernalia and maintains the broad definition of drug paraphernalia. The act becomes law on the first day of the third month after it is signed.

Who It Affects

• Individuals who want to test for fentanyl or synthetic fentanyl analogues can now possess or buy testing equipment without fearing paraphernalia charges.
• Businesses and individuals who sell or distribute fentanyl testing equipment can do so legally; those who use paraphernalia for other illegal drug activities still face the existing penalties.

Key Provisions

• New exception: testing equipment designed to detect fentanyl or fentanyl analogues may be possessed, delivered, or sold (exemption to drug paraphernalia restrictions).
• Penalties for other drug paraphernalia offenses remain, including Class A misdemeanor for use/possession to handle controlled substances, Class C felony for certain activities, and Class B felony if a firearm is involved or if delivering to a minor; paraphernalia remains subject to forfeiture.
• Effective date: law takes effect on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Drugs