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Legalizing Drug-Checking Equipment

TAKE ACTIONLegalizing Drug-Checking Equipment

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Overdose deaths from opioids have reached levels unseen since 2015 due to an increased flow of fentanyl into New Hampshire. It is more important than ever for New Hampshire to adopt evidence-based harm reduction strategies to save lives.

HB 470 would make it easier for Granite Staters to access life-saving drug testing kits to prevent overdoses. 

About the Bill

Under current law, with the exceptions of fentanyl and xylazine test strips, possession with intent to distribute lifesaving drug-checking equipment is an unclassified misdemeanor and punishable by up to one year in jail and a fine of $2,000.

HB 470 would: 

  • Remove drug-checking equipment or materials used in the processing, preparing, packaging, repackaging, storing, or containing nominal amounts for drug checking from the definition of drug paraphernalia;
  • Allow the state to authorize the use of state or state-administered funds for eligible drug-checking activities;
  • Allow individuals to possess, transport, deliver, or provide a nominal amount of one or more controlled substances or controlled substance analogs for or during analysis by drug-checking equipment.

Bill Status

The Senate voted to kill HB 470 by voice vote following a 3-2 recommendation of Inexpedient to Legislate by the Senate Judiciary Committee. HB 470 would have made it easier for Granite Staters to access life-saving drug testing kits to prevent overdoses and save lives. 

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