DRUG PARAPHERNALIA: SUMMARY OF STATE LAWS
This project was supported by Grant No. G2199ONDCP03A awarded by the
Office of National Drug Control Policy. Points of view or opinions in this
document are those of the author and do not necessarily represent the official
position or policies of the Office of National Drug Control Policy or the United
States Government. Research current as of April 2022.
© 2022 Legislative Analysis and
Public Policy Association.
This document is intended for informational purposes only and
does not constitute legal advice or opinion. For questions about this
document or the information contained herein, please contact
LAPPA via email at [email protected].
Drug Paraphernalia: Summary of State Laws
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DRUG PARAPHERNALIA:
SUMMARY OF STATE LAWS
TABLE OF CONTENTS
STATE PAGE
SUMMARY ................................................................................................................................ 3
ALABAMA ............................................................................................................................... 11
ALASKA ................................................................................................................................... 12
ARIZONA ................................................................................................................................ 13
ARKANSAS ............................................................................................................................. 15
CALIFORNIA ........................................................................................................................... 17
COLORADO ........................................................................................................................... 20
CONNECTICUT ...................................................................................................................... 22
DELAWARE ............................................................................................................................. 24
DISTRICT OF COLUMBIA ...................................................................................................... 26
FLORIDA ................................................................................................................................. 28
GEORGIA ................................................................................................................................ 30
HAWAII ................................................................................................................................... 32
IDAHO .................................................................................................................................... 34
ILLINOIS ................................................................................................................................. 36
INDIANA ................................................................................................................................. 39
IOWA ...................................................................................................................................... 41
KANSAS .................................................................................................................................. 42
KENTUCKY ............................................................................................................................. 43
LOUISIANA ............................................................................................................................. 45
MAINE .................................................................................................................................... 47
MARYLAND ............................................................................................................................ 48
MASSACHUSETTS ................................................................................................................. 51
MICHIGAN ............................................................................................................................. 52
MINNESOTA .......................................................................................................................... 53
MISSISSIPPI ............................................................................................................................ 55
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MISSOURI .............................................................................................................................. 57
MONTANA ............................................................................................................................. 59
NEBRASKA ............................................................................................................................. 61
NEVADA ................................................................................................................................. 63
NEW HAMPSHIRE ................................................................................................................. 65
NEW JERSEY ........................................................................................................................... 66
NEW MEXICO......................................................................................................................... 68
NEW YORK ............................................................................................................................. 70
NORTH CAROLINA ................................................................................................................ 72
NORTH DAKOTA ................................................................................................................... 74
OHIO....................................................................................................................................... 76
OKLAHOMA ........................................................................................................................... 78
OREGON ................................................................................................................................ 80
PENNSYLVANIA ..................................................................................................................... 81
RHODE ISLAND ..................................................................................................................... 83
SOUTH CAROLINA ................................................................................................................ 85
SOUTH DAKOTA ................................................................................................................... 86
TENNESSEE ............................................................................................................................ 87
TEXAS ..................................................................................................................................... 89
UTAH ...................................................................................................................................... 91
VERMONT .............................................................................................................................. 93
VIRGINIA ................................................................................................................................ 94
WASHINGTON ....................................................................................................................... 97
WEST VIRGINIA...................................................................................................................... 99
WISCONSIN ......................................................................................................................... 101
WYOMING............................................................................................................................ 103
Drug Paraphernalia: Summary of State Laws
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SUMMARY
Drug overdose statistics in the United States remain grim. Provisional data from the
National Center for Health Statistics, Centers for Disease Control and Prevention, shows that just
under 106,000 Americans died of a drug overdose in the United States during the 12-month
period from November 2020 to October 2021.
1
This represents a 15.9 percent increase in fatal
overdoses compared to the same period the year before and a 46.6 percent increase over calendar
year 2019.
2
Successfully combatting this overdose trend will be challenging and will require
federal, state, and local policymakers to implement a variety of programs designed to help people
who use drugs (“PWUD”).
Two of the many emerging policies are: (1) increasing the distribution and use of drug
test strips and other testing equipment by harm reduction organizations and PWUD; and (2)
expanding the number and scope of syringe services programs. However, state criminal laws
pertaining to drug paraphernalia can hamper state efforts regarding both policies. In many
jurisdictions, needles, syringes, drug test strips and/or other testing equipment fall within the
state’s statutory definition of drug paraphernalia and their possession or use is not exempt from
criminal penalty. Even if local law enforcement and prosecutors do not actively enforce drug
paraphernalia laws with respect to these items, the existence of the prohibition still serves to chill
the use of testing equipment and syringe services program services.
The underlying cause of this issue dates back many years. In general, the first drug
paraphernalia laws—often specific to heroin supplies (such as needles) and pipes—took effect in
the mid-1970s in reaction to a loophole in the federal Comprehensive Drug Abuse Prevention
and Control Act, the legislation containing the federal Controlled Substances Act (CSA).
Although the CSA criminalized possessing and selling controlled substances, it did not, as
originally enacted, criminalize selling devices that facilitated the use of controlled substances.
3
As sales of drug paraphernalia grew in the 1970s, states and localities enacted laws to prevent the
sale and use of drug paraphernalia. Many courts, however, found early legislative attempts
unconstitutionally vague. In response, the Drug Enforcement Administration (DEA) drafted a
Model Drug Paraphernalia Act in August 1979 (the 1979 Act) for states to use.
4
By December 1987, 38 states and the District of Columbia enacted the 1979 Act.
5
Once
enacted, these laws remained largely unchanged for over 30 years. The definition of drug
paraphernalia in the 1979 Act—and thus, the definition in most states—listed numerous
1
F.B. Ahmad, et al., Provisional drug overdose death counts, NAT’L CENTER FOR HEALTH STATISTICS (March 16,
2022),
https://www.cdc.gov/nchs/nvss/vsrr/drug-overdose-data.htm.
2
Id.
3
See, Importation of Certain Drug Paraphernalia into the United States, USITC Publication 2223, U.S. INT’L.
TRADE COMM. (Sept. 1989), https://www.usitc.gov/publications/332/pub2223.pdf; Michael J. Barbour, Virginia’s
Drug Paraphernalia Law, 16 UNIV. OF RICH. L. REV. 161 (1981), https://scholarship.richmond.edu/cgi/viewcontent.
cgi?article=1560&context=lawreview; Michael D. Guinan, Constitutionality of Anti-Drug Paraphernalia Laws-
The Smoke Clears, 58 U. OF NOTRE DAME L. REV. 833 (1983), https://scholarship.law.nd.edu/ndlr/vol58/iss4/5/.
4
U.S. INT’L. TRADE COMM., supra note 3, at 2.
5
With an additional six states enacting drug paraphernalia laws not based on the 1979 Act by then, too.
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categories of items meeting the definition, including: (1) “[t]esting equipment used, intended for
use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of
controlled substances” and (2) “[h]ypodermic syringes, needles, and other objects used, intended
for use, or designed for use in parenterally injecting controlled substances into the human body.”
The 1979 Act also made it illegal for a person “to use, or to possess with intent to use” or
“deliver, possess with intent to deliver, or manufacture with intent to deliver” drug paraphernalia.
Accordingly, needles, syringes, and testing equipment are illegal in any state whose law tracked
the 1979 Act without subsequent amendment. Moreover, even if present-day local law
enforcement and prosecutors do not actively enforce a state’s prohibition of needles, syringes,
drug test strips, or other testing equipment, the existence of the prohibition continues to chill the
use and distribution of these items.
Given the increased emphasis in recent years on using harm reduction strategies to stem the
overdose crisis, the hurdle posed by state drug paraphernalia laws to establishing syringe services
programs or distributing and using testing equipment is not inconspicuous.
6
Accordingly, the
Legislative Analysis and Public Policy Association (LAPPA) undertook this research project to
identify both currently-in-force statutes and recently proposed legislation, throughout all 50
states and the District of Columbia, concerning the treatment of needles, syringes, and testing
equipment under state drug paraphernalia laws.
7
Forty-nine (49) states and the District of
Columbia have one or more criminal laws pertaining to drug paraphernalia. Only Alaska does
not.
The results of this research project are presented in this document. Starting on page 11,
LAPPA provides jurisdiction-by-jurisdiction tables describing aspects of each law currently in
effect as of March 2022, including:
• Statutory citation(s) and effective date(s) of drug paraphernalia laws and exceptions to
those laws, if any;
• Dates of substantive amendments to the cited statutes, if any;
• Whether or not a state’s definition of drug paraphernalia includes syringes, needles, and or
testing equipment;
• Penalties for possession or use of drug paraphernalia;
• Circumstances under which use or possession of drug paraphernalia is allowed;
6
See, e.g., Madelyn Beck, Fentanyl tests strips could prevent overdoses, but they’re often not allowed to, BOISE
STATE PUBLIC RADIO (Jan. 25, 2022), https://www.boisestatepublicradio.org/health/2022-01-25/fentanyl-tests-
strips-could-prevent-overdoses-but-theyre-often-not-allowed-to; McKenna Schueler, The fight to legalize life-saving
fentanyl test strips in Southern states, FACING SOUTH (Jan. 24, 2022), https://www.facingsouth.org/2022/01/fight-
legalize-life-saving-fentanyl-test-strips-southern-states; Syringe Distribution Programs Can Improve Public Health
During the Opioid Overdose Crisis, THE PEW CHARITABLE TRUSTS (March 2, 2021),
https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2021/03/syringe-distribution-programs-can-
improve-public-health-during-the-opioid-overdose-crisis (recommending, among other things, that states change
drug paraphernalia laws).
7
This document does not discuss statutes authorizing or regulating syringe services programs in detail. More
information on state-specific syringe services program laws can be found in Syringe Services Programs: Summary
of State Laws, L
EG. ANALYSIS & PUB. POLICY ASSOC. (Oct. 27, 2021), https://legislativeanalysis.org/syringe-
services-programs-summary-of-state-laws/.
Drug Paraphernalia: Summary of State Laws
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• Forfeiture provisions; and
• Recently proposed, but not yet enacted, legislation.
LAPPA designed this document to: (1) provide a singular resource for each jurisdiction’s
laws; (2) allow for a comparison of these laws between jurisdictions; and (3) identify and
highlight interesting provisions. The primary conclusions from the research and analysis are set
forth below—in separate categories for needles/syringes and testing equipment— accompanied
by several maps depicting many of the results in graphic form.
8
Conclusions Specific to Drug Testing Equipment
As described below, as of April 2022, the use/possession of drug test strips and/or testing
equipment is legal for at least some individuals in 25 states and the District of Columbia,
while it is illegal for all individuals in 25 states, unless a Good Samaritan fatal overdose
prevention law applies to a particular situation.
9
Fourteen states have drug paraphernalia laws in which the state’s definition of drug
paraphernalia does not include the “testing equipment” provision, thus making at least
some testing equipment legal. In 10 of these 14 states, the state recently (i.e., since 2018)
amended the law to exclude some or all types of testing equipment from the definition.
These 10 states are Arizona, Colorado, Maine, Maryland, Minnesota, Nevada, Tennessee,
Virginia, West Virginia, and Wisconsin. West Virginia’s new law takes effect in June
2022.
10
In the remaining four states, Nebraska, New York, South Carolina, and
Wyoming, the definition either never contained the testing equipment provision or has
not included it for several years.
In seven states and the District of Columbia, although the jurisdiction’s definition of drug
paraphernalia includes testing equipment, there is no criminal penalty for using or
possessing certain testing equipment for at least some individuals in the state. In some
instances, only individuals involved with harm reduction or syringe services programs are
allowed to use/possess the equipment, while in other jurisdictions, any individual can.
These eight jurisdictions are Alabama, Delaware, District of Columbia, Illinois, New
Mexico, North Carolina, Oklahoma, and Rhode Island. New Mexico’s and Alabama’s
new laws take effect in May and June 2022, respectively.
8
The goal of this research document is to provide accurate and complete information that is free of omissions or
errors. If you believe that this document contains misinformation, omissions, or errors, please email LAPPA at
info@thelappa.org
.
9
This categorization does not include Georgia’s pending enrolled legislation, which remains on the Governor’s desk
as of April 25, 2022.
10
Until June 2022, West Virginia falls into the category discussed in the paragraph immediately below, where there
is no criminal penalty for using or possessing certain testing equipment for at least some individuals in the state (in
WV’s case, an employee, volunteer, or participant of a licensed syringe services program).
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In three states, Michigan, Oregon, and Vermont, although the definition of drug
paraphernalia includes testing equipment, the state’s criminal law does not prohibit the
use or possession of drug paraphernalia generally.
In the remaining 25 states, the state’s criminal prohibition against drug paraphernalia
includes testing equipment, and there is no exception to that penalty for use/possession of
that equipment, unless the state’s Good Samaritan fatal overdose prevention law applies
to a particular situation. The map below depicts this.
The type of testing equipment allowed by the laws of the 25 states and the District of
Columbia vary. In seven states, the allowable testing equipment is limited to items used
to detect fentanyl, fentanyl analogue, or a synthetic opioid. These seven states are
Alabama, Arizona, Delaware, Minnesota, Tennessee, Virginia, and Wisconsin. In West
Virginia, the allowable equipment depends on the applicable statutory provision.
Currently, West Virginia allows an employee, volunteer, or participant of a licensed
syringe services program to possess and use testing supplies for illicit substances.
Beginning in June 2022, however, the state’s general authorization for use and possession
will apply only to fentanyl test strips. In the remaining 18 jurisdictions, the testing
equipment allowed is broader than simply drug test strips, by virtue of either: (1) express
statutory language (e.g., “testing equipment used . . . in identifying or in analyzing the
Drug Paraphernalia: Summary of State Laws
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strength, effectiveness, or purity of controlled substances”
11
): (2) the drug paraphernalia
definition making no mention of testing equipment; or (3) the state not prohibiting
possession/use of drug paraphernalia generally. The map below depicts this.
In 12, or just under half of the 25 states where testing equipment is illegal for all
individuals, an individual eligible for application of the state’s Good Samaritan fatal
overdose prevention law is immune from criminal penalty for the possession/use of drug
paraphernalia. These 12 states are California, Connecticut, Florida, Georgia, Hawaii,
Idaho, Kentucky, Mississippi, Missouri, New Jersey, North Dakota, and Pennsylvania.
As of April 2022, legislation to allow testing equipment is pending in 11 of the 25 states
where testing equipment is currently illegal for all individuals. Recent legislative efforts
in three states, Florida, Mississippi, and New Jersey, did not pass in 2022. Moreover,
counting the law taking effect in June 2022 in West Virginia, legislation to expand access
to testing equipment is pending in four states that already allow such equipment for some
individuals: Arizona, Colorado, Illinois, and West Virginia. The map below depicts this.
11
COLO. REV. STAT. ANN. § 18-18-426(2) (West 2021).
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Conclusions Specific to Needles and Syringes
As described below, the use/possession of needles and syringes is legal for at least some
individuals in 39 states and the District of Columbia, while it is illegal for all individuals
in 11 states, unless the state’s Good Samaritan fatal overdose prevention law applies to a
specific situation.
In 10 states, the state law definition of drug paraphernalia does not include needles and
syringes, thus making their use/possession legal. These states are Connecticut, Maine,
Massachusetts, Nevada, New Hampshire, New York, Oregon, Rhode Island, South
Carolina, and Wisconsin.
In four states, Michigan, Vermont, West Virginia, and Wyoming, although needles and
syringes are included in the definition of drug paraphernalia, there is no penalty for
possessing drug paraphernalia generally. Similarly, two jurisdictions, California and the
District of Columbia, allow individuals to use/possess drug paraphernalia, including
needles and syringes, for the personal use of substances. Additionally, in Washington,
individuals aged 18 or older are allowed to possess sterile needles and syringes only (but
not other drug paraphernalia) for the purpose of reducing blood borne diseases.
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The laws of 26 states and the District of Columbia allow employees, volunteers, and
participants of syringe services programs to possess/use needles and syringes. This
includes the District of Columbia and four states, California, Vermont, Washington, and
West Virginia, that fall under this paragraph and the prior one.
In the remaining 11 states, the state’s criminal prohibition against drug paraphernalia
includes needles and syringes, and there is no exception from that penalty for
use/possession of that equipment, unless the state’s Good Samaritan fatal overdose
prevention law applies to a particular situation. The map below depicts this.
The laws of four states, Colorado, Kentucky, North Carolina, and Tennessee, contain a
provision that allows an individual being searched by law enforcement to immediately
advise the officer about his or her possession of a sharp object, such as a needle. If the
individual discloses the existence of the needle, he or she may not be charged with
possession of drug paraphernalia due to that object’s presence.
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As of March 2022, there is legislation pending in nine states that pertains to expanding
access to needles and syringes. These nine states are California, Illinois, Iowa,
Minnesota, Missouri, Pennsylvania, Utah, Vermont, and Washington. The bills relate to:
(1) allowing drug consumption sites; (2) authorizing syringe services programs; or (3)
removing needles/syringes from the definition of drug paraphernalia. During 2022,
legislative efforts failed in Georgia, Maryland, and Texas. The map below depicts this.
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ALABAMA
Statute(s) and initial
effective date(s)
• A
LA
.
C
ODE
§ 13A-12-260 (West 2021) (eff. April 29, 1986)
(criminalizes drug paraphernalia)
• ALA. CODE § 20-2-281 (West 2021) (eff. June 5, 2015)
(overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• August 1, 2009 – Glass tubes added to list of paraphernalia.
• April 24, 2012 – Provision related to manufacturing a
controlled substance added.
• June 1, 2022 – Exception for testing equipment added.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful to use, possess, deliver, or sell drug
paraphernalia for the purposes of making or ingesting a
controlled substance. A violation is a Class A misdemeanor
(first offense) or a Class C felony (subsequent offense).
• If an offender is aged 18 or older and he or she delivers drug
paraphernalia to a person under age 18 who is at least three (3)
years younger, the violation is a Class B felony.
• Use, delivery, sale, or possession of drug paraphernalia to
manufacture a controlled substance is a Class C felony, unless
it also involves a firearm, making it a Class B felony.
Is paraphernalia allowed
in any context?
• As of June 1, 2022, it is not a criminal offense for a person to
possess, deliver, or sell “testing equipment designed to detect
the presence of fentanyl or any synthetic controlled substance
fentanyl analogue.”
• Person eligible for the overdose assistance exception in ALA.
CODE § 20-2-281 (West 2021) may not be prosecuted for a
misdemeanor controlled substance offense, which can include
first-time drug paraphernalia offenses.
Forfeiture
All drug paraphernalia used in violation of the law
is contraband
and subject to forfeiture.
Other provisions of note
A
LA
.
C
ODE
§ 13A-12-260(b) (West 2021) contains a list of
factors that a court or other authority must consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
H.B. 305, 2021 Reg. Sess. (Ala. 2021) (died in Senate
committee upon legislature’s adjournment). The bill would
impose a $250 fine if the unlawful delivery or sale of drug
paraphernalia occurred within 1,000 feet of a school, college,
university, or other educational institution, or church.
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ALASKA
Statute(s) and initial
effective date(s)
There is no drug paraphernalia statute in Alaska.
Substantive
amendment(s) to law(s)
(non-marijuana related)
N/A
Does paraphernalia
include drug test strips or
other testing equipment?
N/A
Does paraphernalia
include needles/syringes?
N/A
Penalties for
possession/use of
paraphernalia
N/A
Is paraphernalia allowed
in any context?
N/A
Forfeiture
N/A
Other provisions of note
N/A
Recently proposed
legislation
None.
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ARIZONA
Statute(s) and initial
effective dates(s)
• A
RIZ
.
R
EV
.
S
TAT
.
A
NN
. § 13-3415 (West 2021) (eff. 1982)
(criminalizes drug paraphernalia).
• ARIZ. REV. STAT. ANN. § 13-3423 (West 2021) (eff. April 26,
2018) (overdose assistance exception).
• ARIZ. REV. STAT. ANN. §§ 36-798.51 to 798.52 (West 2021)
(eff. Sept. 29, 2021) (syringe services program exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
September 29, 2021 – Definition of “drug paraphernalia”
amended to remove narcotic testing products.
Does paraphernalia
include drug test strips or
other testing equipment?
Drug paraphernalia does not include “narcotic drug testing
products that are used to determine whether a controlled
substance contains fentanyl or a fentanyl analog.” All other
testing equipment falls under the drug paraphernalia definition.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful to use or possess with intent to use drug
paraphernalia for the purposes of making or ingesting a drug in
violation of state law. A violation is a Class 6 felony.
• It is unlawful to deliver or possess with intent to deliver
paraphernalia for the purposes of making or ingesting a drug in
violation of state law. A violation is a Class 6 felony.
Is paraphernalia allowed
in any context?
• Paraphernalia does not include testing products used to
determine the presence of fentanyl or a fentanyl analog.
• Person eligible for the overdose assistance exception in ARIZ.
REV. STAT. ANN. § 13-3423 (West 2021) may not be charged
or prosecuted for the possession or use of drug paraphernalia.
• An employee, volunteer, or participant of an overdose and
disease prevention program (program), including a syringe
services program, may not be charged with or prosecuted for
possession of a needle, hypodermic syringe, or other injection
supply item obtained from or returned to the program. The
person must provide “verification” that he or she obtained the
needle, syringe, or other injection item from a program.
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
A
RIZ
.
R
EV
.
S
TAT
.
A
NN
. § 13-3415(E) (West 2021) contains a list
of factors that a court or other authority must consider when
determining whether an object is drug paraphernalia.
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ARIZONA
Recently proposed
legislation
• S.B. 1615, 55
th
Leg., 2
nd
Reg. Sess. (Ari. 2022) (pending in
Senate committee). The bill reduces the drug paraphernalia
penalty in most cases to a Class 1 misdemeanor.
• S.B. 1616, 55
th
Leg., 2
nd
Reg. Sess. (Ari. 2022) (pending in
Senate committee). Appropriates $30,000 from the state
general fund to the Department of Health Services to purchase
and distribute fentanyl testing strips to institutions of higher
education.
• H.B. 2736, 55
th
Leg., 2
nd
Reg. Sess. (Ari. 2022) (pending in
House committee). The bill reduces the drug paraphernalia
penalty in most cases to a Class 3 misdemeanor.
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ARKANSAS
Statute(s) and initial
effective dates(s)
• A
RK
.
C
ODE
.
A
NN
§ 5-64-101(12) (West 2021) (definition).
• ARK. CODE. ANN §§ 5-64-443 to 64-445 (West 2021) (eff. July
27, 2011) (criminalizes drug paraphernalia).
• Ark. Code. Ann. § 5-64-505 (West 2021) (eff. 1971)
(forfeiture).
• ARK. CODE. ANN § 5-64-802 (West 2021) (eff. 1981) (drug
paraphernalia business).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• August 1, 2017 – Provisions related to using drug
paraphernalia to store, contain, or conceal a controlled
substance added.
• July 24, 2019 – References to heroin and fentanyl added to
criminalization provisions.
• July 28, 2021 – Criminalization provisions restructured.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful to possess drug paraphernalia with the intent to
use for purposes of ingesting or measuring a controlled
substance. A violation is a: (1) Class A misdemeanor (first
offense); (2) Class D felony (subsequent offense); or (3) Class
D felony (if the controlled substance involved is
methamphetamine, heroin, fentanyl, or cocaine).
• Using paraphernalia to grow or manufacture a controlled
substance is a: (1) Class D felony; or (2) Class B felony (if the
controlled substance involved is methamphetamine, heroin,
fentanyl, or cocaine).
• An offender aged 18 or older who violates the prohibition
against delivering drug paraphernalia by delivering it to a
minor at least three (3) years younger in furtherance of a
felony commits a Class B felony.
• An offender aged 18 or older who violates the prohibition
against delivering drug paraphernalia by delivering it to a
minor commits a Class A misdemeanor.
• Advertising to promote the sale of an object designed for or
intended for use as paraphernalia is a Class C felony.
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ARKANSAS
Penalties for
possession/use of
paraphernalia
(continued)
• Person who conducts, finances, manages, supervises, directs,
or owns any part of a business that, in the regular course of
business or as a continuing course of conduct, stores,
possesses, gives away, or furnishes an object designed to be
primarily useful as drug paraphernalia is a: (1) Class A
misdemeanor (first offense); (2) Class C felony (second
offense); or (3) Class B felony (subsequent offense).
Is paraphernalia allowed
in any context?
No.
Forfeiture
Other than an item in the possession or control of a practitioner
during professional practice or research, drug paraphernalia is
considered contraband and subject to forfeiture.
Other provisions of note
A
RK
.
C
ODE
.
A
NN
§ 5-64-101(12)(C) (West 2021) contains a list
of factors that a court or other authority must consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
H.B. 1603, 93
rd
Gen. Assemb. (Ark. 2021) (died in House
committee upon adjournment). The bill would reduce the penalty
level of drug paraphernalia crimes.
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CALIFORNIA
Statute(s) and initial
effective dates(s)
• C
AL
.
H
EALTH
&
S
AFETY
C
ODE
§ 11014.5 (West 2021) (eff.
1982) (definition).
• CAL. HEALTH & SAFETY CODE §§ 11364 to 11364.7 (West
2021) (eff. 1972, 1980, and 1982 respectively) (criminalizes
drug paraphernalia; syringe services program exception).
• CAL. HEALTH & SAFETY CODE § 11376.5 (West 2021) (eff.
Sept. 17, 2012) (overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• January 1, 1993 – Criminal penalties increased.
• January 1, 2000 – Exemption from prosecution added for
public entities and their agents and employees who distribute
hypodermic needles or syringes to participants in clean needle
and syringe exchange programs.
• January 1, 2005 – Provision added to allow possession of a
small number of hypodermic needles.
• January 1, 2012 – Prohibition regarding needles made
inoperative until January 1, 2015, with respect to 30 or fewer
needles.
• January 1, 2021 – Extends to January 1, 2026, a physician or
pharmacist’s ability to give hypodermic needles to certain
persons.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for a person to possess any drug paraphernalia
used for unlawfully injecting or smoking a controlled
substance. The section does not identify the penalty level for a
violation.
• It is unlawful for a person to maintain or operate any place of
business in which drug paraphernalia is kept, displayed or
offered in any manner, sold, furnished, transferred or given
away unless such drug paraphernalia is kept in a separate room
or enclosure not accessible to persons under age 18
unaccompanied by a parent or legal guardian. A violation can
result in revocation or nonrenewal of any business license,
permit, or other entitlement.
Drug Paraphernalia: Summary of State Laws
18
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CALIFORNIA
Penalties for
possession/use of
paraphernalia
(continued)
• The delivering, furnishing, or transferring, or possessing with
intent to deliver, furnish, or transfer drug paraphernalia is a
misdemeanor, unless it relates to cocaine, cocaine base, heroin,
phencyclidine, or methamphetamine, in which case the penalty
is a sentence of up to one (1) year.
• If a person aged 18 or older violates the prohibition against
delivering drug paraphernalia by delivering it to a minor at
least three (3) years younger, the violation may result in a
sentence of up to one (1) year, a $1,000 fine, or both.
Is paraphernalia allowed
in any context?
• Prohibition against possessing any drug paraphernalia used for
unlawfully injecting or smoking a controlled substance does
not apply to hypodermic needles or syringes placed for safe
disposal into a container that meets state and federal standards
for disposal of sharps waste.
• Until January 1, 2026, the prohibition against possessing any
drug paraphernalia used for unlawfully injecting or smoking a
controlled substance does not apply to the possession of
hypodermic needles or syringes solely for personal use.
• A public entity, its agents, or employees is not subject to
criminal prosecution for distribution of hypodermic needles or
syringes, or any materials deemed by a local or state health
department to be necessary to prevent the spread of
communicable diseases, or to prevent drug overdose, injury, or
disability to participants in syringe exchange programs
authorized by the public entity.
• It is not a crime if a person possessing drug paraphernalia: (1)
seeks, in good faith, medical assistance for another person
experiencing a drug-related overdose and he or she does not
obstruct medical or law enforcement personnel; or (2)
experiences a drug-related overdose him/herself and another
person at the scene seeks medical assistance for him/her.
Forfeiture
All drug paraphernalia is subject to forfeiture and may be seized
by any peace officer unless its distribution has been authorized.
Other provisions of note
C
AL
.
H
EALTH
&
S
AFETY
C
ODE
§ 11014.5(c) (West 2021)
contains a list of factors that a court or other authority may
consider when determining whether an object is drug
paraphernalia.
Drug Paraphernalia: Summary of State Laws
19
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CALIFORNIA
Recently proposed
legislation
• A.B. 1598, 2021-22 Reg. Sess. (Cal. 2022) (pending in
Assembly committee). This bill would exclude from drug
paraphernalia laws any testing equipment that is designed,
marketed, used, or intended to be used to analyze a substance
for the presence of fentanyl or any analog of fentanyl.
• S.B. 57, 2021-22 Reg. Sess. (Cal. 2021) (pending in Assembly
committee). This bill would authorize the City and County of
San Francisco, the County of Los Angeles, the City of Los
Angeles, and the City of Oakland for approximately five (5)
years to approve entities to operate overdose prevention
programs including, among other things: (1) providing a
hygienic space supervised by trained staff where people who
use drugs can consume pre-obtained drugs; (2) providing
sterile consumption supplies; (3) providing access or referrals
to substance use disorder treatment; and (4) allowing program
staff to be authorized and trained to provide emergency
administration of an emergency opioid antagonist.
• S.B. 519, 2021-22 Reg. Sess. (Cal. 2021) (pending in
Assembly committee). This bill would exempt from the
prohibition against drug paraphernalia items related to
psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine,
mescaline, lysergic acid diethylamide (LSD), and 3,4-
methylenedioxymethamphetamine (MDMA). The bill would
also exempt from prohibition any items used for the testing
and analysis of these specific controlled substances.
Drug Paraphernalia: Summary of State Laws
20
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COLORADO
Statute(s) and initial
effective dates(s)
• C
OLO
.
R
EV
.
S
TAT
.
A
NN
. §§ 16-13-501 to 13-511 (West 2021)
(forfeiture).
• COLO. REV. STAT. ANN. § 18-1-711 (West 2021) (eff. May 29,
2012) (overdose assistance exception).
• COLO. REV. STAT. ANN. §§ 18-18-425 to 18-430 (West 2021)
(eff. July 1, 1992) (criminalizes drug paraphernalia).
• COLO. REV. STAT. ANN. § 18-18-430.5 (West 2021) (eff.
August 11, 2010) (exceptions to criminalization).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• May 10, 2013 – Syringe service program participants added to
exception to criminalization.
• October 1, 2013 – Criminal penalties for paraphernalia
possession/manufacture/advertisement lessened.
• July 1, 2015 – Needlestick prevention provisions allowing
persons to disclose possession of paraphernalia added.
• August 10, 2016 – Immunity for arrest added to overdose
assistance exception.
• May 23, 2019 – Testing equipment removed from definition of
paraphernalia.
• September 14, 2020 – Pharmacists and technicians selling
needles/syringes added to exception to criminalization.
Does paraphernalia
include drug test strips or
other testing equipment?
No. The law expressly provides that drug paraphernalia does not
include “testing equipment used . . . in identifying or in
analyzing the strength, effectiveness, or purity of controlled
substances.”
Does paraphernalia
include needles/syringes?
Yes. Note, however, that although the definition of drug
paraphernalia includes equipment used for “injecting” a
controlled substance into the body, the definition does not
reference needles or syringes (unlike other states) in the list of
examples of drug paraphernalia.
Penalties for
possession/use of
paraphernalia
• It is unlawful to possess drug paraphernalia knowing that it
could be used to violate state law. A violation is a petty
offense subject to a fine of no more than $100.
• It is unlawful for any person to sell, deliver, possess with
intent to sell or deliver, or manufacture with intent to sell or
deliver equipment, products, or materials knowing, or where it
should be known, that such items could be used as drug
paraphernalia. A violation is a Level 2 drug misdemeanor.
• It is unlawful for a person to advertise to promote the sale of
equipment, products, or materials designed and intended for
use as drug paraphernalia. A violation is a Level 2 drug
misdemeanor.
Drug Paraphernalia: Summary of State Laws
21
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COLORADO
Is paraphernalia allowed
in any context?
• Person meeting the requirements for applicability of the
overdose assistance exception in COLO. REV. STAT. ANN.
§ 18-1-711 (West 2021) is immune from arrest or prosecution
for possessing drug paraphernalia.
• Prior to searching a person, a person’s premises, or a person’s
vehicle, a law enforcement officer may ask the person whether
the person (or the premises/vehicle) has or contains a needle or
syringe that may cut or puncture the officer. If the person so
alerts the officer prior to the search, assessment, or treatment,
the officer may not arrest or cite the person for possession of
drug paraphernalia.
• Prior to assisting a person, an emergency medical services
provider or other first responder may ask if the person
possesses a needle or syringe that may cut or puncture the
responder. If the person so alerts the provider or responder
prior to assistance, a law enforcement officer may not arrest or
cite the person for possession of drug paraphernalia.
• The following individuals are exempt from criminalization
provisions: (1) employee, volunteer, or participant in an
approved syringe services program; or (2) pharmacist or
pharmacy technician who sells nonprescription syringes or
needles pursuant to state law.
Forfeiture
Drug paraphernalia is a “contraband article” subject to forfeiture.
As testing equipment is not a contraband article, it is not subject
to forfeiture.
Other provisions of note
C
OLO
.
R
EV
.
S
TAT
.
A
NN
. § 18-18-427 (West 2021) contains a list
of factors that a court may, in its discretion, consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
H.B, 1326, 73
rd
Leg. Sess., 2
nd
Reg. Sess. (Colo. 2022) (pending
in House committee). Among other things, the bill creates
immunity from civil liability for certain persons who or entities
that act in good faith to furnish a non-laboratory synthetic opiate
detection test to another person.
Drug Paraphernalia: Summary of State Laws
22
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CONNECTICUT
Statute(s) and initial
effective dates(s)
• C
ONN
.
G
EN
.
S
TAT
.
A
NN
. § 21a-240(20)(A) (West 2021) (eff.
1958) (definition).
• CONN. GEN. STAT. ANN. § 21a-263 (West 2021) (eff. 1958)
(commissioner’s power to receive and destroy).
• CONN. GEN. STAT. ANN. § 21a-267 (West 2021) (eff. 1958)
(criminalizes drug paraphernalia; overdose assistance
exception).
• CONN. GEN. STAT. ANN. § 21a-270 (West 2021) (eff. 1958)
(factors to consider).
• CONN. GEN. STAT. ANN. § 54-36g (West 2021) (eff. 1984)
(seizure and destruction).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• June 26, 1989 – Provision about school property added.
• July 1, 1990 – Exception added for needles and syringes
distributed as part of the demonstration needle and syringe
exchange program (provision removed July 1, 1992).
• June 7, 2006 – References to injection, needles, and syringes
removed from criminalization law.
• October 1, 2011 – Exception for persons seeking medical
assistance added.
• October 1, 2021 – Changes made to school property provision.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
No. There is no mention of injecting, needles, or syringes in the
definition of drug paraphernalia.
Penalties for
possession/use of
paraphernalia
• It is unlawful to use or possess with the intent to use drug
paraphernalia to make or ingest a controlled substance other
than marijuana. A violation is a Class C misdemeanor.
• It is unlawful to deliver, possess with intent to deliver, or
manufacture with intent to deliver drug paraphernalia
knowing, or where it should be known, that it will be used to
make or ingest a controlled substance other than marijuana. A
violation is a Class A misdemeanor.
• Committing or intending to commit a drug paraphernalia
violation on the premises of, or within 200 feet of the
perimeter of, a public or private elementary or secondary
school subjects the offender to one additional year of
imprisonment if the person is not enrolled in the school at
issue.
Drug Paraphernalia: Summary of State Laws
23
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CONNECTICUT
Is paraphernalia allowed
in any context?
• Needles and syringes are not drug paraphernalia.
• Provision making the use or possession with intent to use drug
paraphernalia a Class C misdemeanor does not apply to a
person meeting the requirements for applicability of the
overdose assistance exception in CONN. GEN. STAT. ANN.
§ 21a-267 (West 2021).
Forfeiture
Under C
ONN
.
G
EN
.
S
TAT
.
A
NN
. § 54-36g (West 2021), at any
time after the seizure drug paraphernalia in connection with a
criminal arrest or pursuant to a search warrant without an arrest,
the prosecuting official of the local court may petition the court
for destruction of such paraphernalia. After notice to the
defendant and his attorney, and hearing on the petition, the court
may order the forfeiture and destruction of such paraphernalia.
Other provisions of note
C
ONN
.
G
EN
.
S
TAT
.
A
NN
. § 21a-270 (West 2021) contains a list of
factors that a court or other authority must consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
H.B. 5430, Gen. Assemb., Feb. 2022 Sess. (Conn. 2022)
(pending in joint committee). Among other things, the bill adds a
provision that drug paraphernalia does not include “a product
used . . . by an individual to test any substance prior to injection,
inhalation or ingestion of the substance to prevent accidental
overdose by injection, inhalation or ingestion of the substance.”
Drug Paraphernalia: Summary of State Laws
24
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DELAWARE
Statute(s) and initial
effective dates(s)
• D
EL
.
C
ODE
.
A
NN
. tit. 16, § 2226 (West 2021) (eff. June 3,
2021) (immunity for fentanyl test strips).
• DEL. CODE. ANN. tit. 16, § 4701(18) (West 2021) (eff. 1972)
(definition).
• DEL. CODE. ANN. tit. 16, § 4769 (West 2021) (eff. August 31,
2013) (overdose assistance exception).
• DEL. CODE. ANN. tit. 16, §§ 4771 to 4774 (West 2021) (eff.
1980) (criminalizes drug paraphernalia).
• DEL. CODE. ANN. tit. 16, § 4784 (West 2021) (eff. 1972)
(forfeiture).
• DEL. CODE. ANN. tit. 29, § 7993 (West 2021) (eff. July 17,
2006) (syringe services program exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• July 5, 2011 – Pilot syringe services program modified to
permanent program.
• September 1, 2011 – Penalty for possession of drug
paraphernalia lessened.
• June 3, 2021 – Exemption for fentanyl testing strips added.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• Any person who uses or possesses with intent to use drug
paraphernalia is guilty of a Class B misdemeanor.
• It is unlawful to deliver, possesses with the intent to deliver,
convey, offer for sale, convert, or manufactures with the intent
to deliver drug paraphernalia knowing, or under circumstances
where one should know, that it will be used to make or ingest a
controlled substance. A violation is a Class G felony.
• Any person aged 18 or older who commits a violation by
delivering or selling drug paraphernalia to a person under age
18 is guilty of a Class E felony.
• It is unlawful to advertise or promote the sale of objects
designed or intended for use as drug paraphernalia. A violation
is an unclassified misdemeanor.
Is paraphernalia allowed
in any context?
• Criminal penalties do not apply to testing strips to determine
the presence of fentanyl or fentanyl-related substances.
• A layperson or non-profit organization may distribute
functional fentanyl testing strips to determine the presence of
fentanyl or fentanyl-related substances if he or she (or the
organization) acts in good faith and with reasonable care.
Drug Paraphernalia: Summary of State Laws
25
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DELAWARE
Is paraphernalia allowed
in any context?
(continued)
• Person meeting the requirements for applicability of the
overdose assistance exception in DEL. CODE. ANN. tit. 16,
§ 4769(b) (West 2021) may not be arrested, charged, or
prosecuted for possessing drug paraphernalia.
• Syringe services program participants and employees, as well
as certain employees of the state division of public health are
exempt from criminal liability whenever the possession or
distribution of drug paraphernalia is a direct result of the
employee’s or participant’s activities in connection with the
work of the program. The exemption does not apply to
unapproved program activities or the redistribution of
hypodermic needles or syringes in any form.
Forfeiture
All items of drug paraphernalia are subject to forfeiture and no
property rights exist in them.
Other provisions of note
• A person who provides functional fentanyl testing strips to an
individual to determine the presence of fentanyl or fentanyl-
related substances is not subject to civil damages beyond the
limits of any applicable insurance coverage, unless it is
established that the person caused injuries or death willfully,
wantonly, or recklessly or by gross negligence.
• DEL. CODE. ANN. tit. 16, § 4772 (West 2021) contains a list of
factors that a court or other authority must consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
None, other than provisions enacted in 2021.
Drug Paraphernalia: Summary of State Laws
26
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DISTRICT OF COLUMBIA
Statute(s) and initial
effective dates(s)
• D.C.
C
ODE
A
NN
. § 7-403 (West 2021) (eff. March 19, 2013)
(overdose assistance exception).
• D.C. CODE ANN. §§ 48-1101 to 48-1121 (West 2021) (eff.
September 17, 1982) (criminalizes drug paraphernalia; syringe
services program exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• April 11, 2019 – Several changes made, including:
o Exceptions to criminal liability added for testing
equipment for personal use quantities and community-
based organizations;
o Personal use exception added to forfeiture statute; and
o Express prohibition against distributing needles or
syringes near schools eliminated.
• March 16, 2021 – Several changes made, including:
o Testing exception modified to refer to the personal use of
drug paraphernalia generally as opposed to testing of
certain quantities; and
o Statute prohibiting the possession of needles and syringes
repealed.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• Subject to the “personal use” exception, it is unlawful for any
person to use, or to possess with intent to use, drug
paraphernalia to make or ingest a controlled substance other
than marijuana. The maximum penalty for a violation is a 30-
day sentence, a $250 fine, or both.
• Subject to the “community-based organization” exception, it is
unlawful for any person to deliver or sell, possess with intent
to deliver or sell, or manufacture with intent to deliver or sell
drug paraphernalia to make or ingest a controlled substance
other than marijuana. The maximum penalty for a first
violation is a six-month sentence, a fine of $1,000, or both.
• Any person aged 18 or older who violates the law by
delivering drug paraphernalia to a person under age 18 at least
three (3) years younger is guilty of a special offense, subject to
a maximum penalty of an eight (8) year sentence, a fine of
$25,000, or both.
Drug Paraphernalia: Summary of State Laws
27
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DISTRICT OF COLUMBIA
Is paraphernalia allowed
in any context?
• It is not unlawful for a person to use, or possess with the intent
to use, drug paraphernalia for the personal use of a controlled
substance. “Personal use” means use or possession in
circumstances where there is insufficient evidence of intent to
distribute or manufacture a controlled substance.
• It is not unlawful for a “community-based organization,” as
defined in D.C. CODE ANN. § 7-404(a)(1) (West 2021), to
deliver or sell, or possess with intent to deliver or sell, drug
paraphernalia for the personal use of a controlled substance.
• The offense of unlawful use, or possession with intent to use,
drug paraphernalia does not apply to persons meeting the
requirements for applicability of the overdose assistance
exception in D.C. CODE. ANN. § 7-403 (West 2021).
• It is not unlawful for: (1) a person participating in the syringe
services program authorized by D.C. CODE. ANN. § 48-1103.1
(West 2021) (“program”) to possess any hypodermic syringe
or needle distributed as part of the program; or (2) a person
authorized to exchange a syringe or needle under the program
to deliver such items as part of the program.
Forfeiture
All prohibited drug paraphernalia is subject to forfeiture
immediately, and no property right exists in it after a final
conviction by a court.
Other provisions of note
D.C.
C
ODE
A
NN
. § 48-1102 (West 2021) contains a list of factors
that a court or other authority must consider when determining
whether an object is drug paraphernalia.
Recently proposed
legislation
L.B. 416, 24th Period (D.C. 2021) (public hearing held in
December 2021). Among other things, the bill would amend the
Drug Paraphernalia Act of 1982 (D.C. CODE ANN. § 48-1101, et
seq. (West 2021)) to repeal and revise various drug
paraphernalia offenses.
Drug Paraphernalia: Summary of State Laws
28
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FLORIDA
Statute(s) and initial
effective dates(s)
• F
LA
.
S
TAT
.
A
NN
§ 381.0038 (West 2021) (relevant provision
added eff. July 1, 2016) (syringe services program exception).
• FLA. STAT. ANN. § 893.12 (West 2021) (eff. 1973) (forfeiture).
• FLA. STAT. ANN. §§ 893.145 to 893.147 (West 2021) (eff.
1980) (criminalizes drug paraphernalia).
• FLA. STAT. ANN. § 893.21 (West 2021) (relevant provision
added eff. July 1, 2019) (overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• July 1, 2000 – Prohibition against transportation of drug
paraphernalia added.
• July 1, 2013 – Prohibition against retail sale of drug
paraphernalia added.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• The following violations are first-degree misdemeanors:
o Using, or possessing with intent to use, drug paraphernalia
to make or ingest a controlled substance;
o Using, possessing with the intent to use, or manufacturing
with the intent to use drug paraphernalia, knowing or under
circumstances in which one reasonably should know that it
will be used to transport a controlled substance; or
o Advertising or promoting the sale of objects designed or
intended for use as drug paraphernalia.
• It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver drug
paraphernalia, knowing, or under circumstances where one
reasonably should know that it will be used to make or ingest a
controlled substance. A violation is a third-degree felony.
• Any person aged 18 or older who violates the law by
delivering drug paraphernalia to a person under age 18 is
guilty of a second-degree felony.
Drug Paraphernalia: Summary of State Laws
29
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FLORIDA
Is paraphernalia allowed
in any context?
• A person possessing, distributing, or exchanging needles or
syringes as part of a syringe services program established
under FLA. STAT. ANN § 381.0038 (West 2021) does not
violate the law. This protection does not apply, however, to
program staff members, volunteers, or participants who: (1)
possess needles or syringes that are not a part of the program;
or (2) redistribute needles or syringes in any form, if acting
outside the program.
• The offense of unlawful use, or possession with intent to use,
drug paraphernalia does not apply to persons meeting the
requirements for applicability of the overdose assistance
exception in FLA. STAT. ANN. § 893.21 (West 2021).
Forfeiture
Drug paraphernalia is contraband that is subject to civil
forfeiture.
Other provisions of note
• F
LA
.
S
TAT
.
A
NN
. § 893.146 (West 2021) contains a list of
factors that a court, jury, or other authority must consider
when determining whether an object is drug paraphernalia.
• FLA. STAT. ANN. § 381.0038(e) (West 2021) provides that a
law enforcement officer acting in good faith who arrests or
charges a person later determined to be eligible for the syringe
services program protection is immune from civil liability that
might otherwise be incurred or imposed by reason of the
officer’s actions.
Recently proposed
legislation
• S.B. 190, 124
th
Reg. Sess. (Fla. 2022) (replaced by H.B. 95).
Among other things, excludes “narcotic drug testing products
that are used to determine whether a controlled substance
contains fentanyl . . . or a controlled substance analog” from
the definition of drug paraphernalia. The house bill replacing
S.B. 190 does not contain this provision.
• H.B. 6101, 124
th
Reg. Sess. (Fla. 2022) and S.B. 1668, 124th
Reg. Sess. (Fla. 2022) (indefinitely postponed). These bills
remove “testing equipment used, intended for use, or designed
for use in identifying, or in analyzing the strength,
effectiveness, or purity of, controlled substances” from the
definition of drug paraphernalia.
Drug Paraphernalia: Summary of State Laws
30
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GEORGIA
Statute(s) and initial
effective dates(s)
• G
A
.
C
ODE
A
NN
. § 16-13-1 (West 2021) (eff. 1978)
(criminalizes drug related objects).
• GA. CODE ANN. § 16-13-5 (West 2021) (eff. April 24, 2014)
(overdose assistance exception).
• GA. CODE ANN. §§ 16-13-32 to 13-32.2 (West 2021) (eff.
1978; 1981) (criminalizes drug related objects; exceptions).
Substantive
amendment(s) to law(s)
(non-marijuana related)
None.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Unclear, but likely yes. G
A
.
C
ODE
A
NN
. § 16-13-1 (West 2021)
and GA. CODE ANN. § 16-13-32 (West 2021) contain separate
definitions of “drug related objects.” Only one of these sections,
GA. CODE ANN. § 16-13-32 (West 2021) references injecting,
needles, or syringes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to use, or possess with the intent
to use, any object or materials of any kind for the purpose of
making or ingesting a dangerous drug or controlled substance.
A violation is a misdemeanor.
• For each of the following violations below: (1) a first offense
is a misdemeanor; (2) a second offense is a misdemeanor “of a
high and aggravated nature;” and (3) a third or subsequent
offense is a felony, subject to a sentence of one to five (1-5)
years and a fine up to $5,000:
o Selling, lending, renting, leasing, giving, exchanging, or
otherwise distributing any drug related object, knowing the
drug related nature of the object;
o Displaying for sale, or possessing with the intent to
distribute, a drug related object, knowing the drug related
nature of the object;
o Advertising in any manner any kind or notice which gives
information, directly or indirectly, on where, how, from
whom, or by what means any drug related object may be
obtained or made; or
o Selling, lending, renting, leasing, giving, exchanging, or
otherwise distributing to any person a hypodermic syringe
or needle designed for human use, other than by a licensed
pharmacist, practitioner, or syringe services program
employees/agents.
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GEORGIA
Penalties for
possession/use of
paraphernalia
(continued)
• It is unlawful for any person knowingly to sell, deliver,
distribute, display for sale, or provide to a minor a drug related
object, or knowingly possess with intent to do those things. A
violation is a misdemeanor (first offense) or a felony
(subsequent offense) subject to a sentence of one to five (1-5)
years and a $1,000 to $5,000 fine.
• It is unlawful for any minor to represent falsely to any person
that he or she is 18 years of age or older with the intent to
purchase or otherwise obtain any drug related object. A
violation is a misdemeanor.
Is paraphernalia allowed
in any context?
• The offense relating to possession or use of drug related
objects does not apply to persons meeting the requirements for
applicability of the overdose assistance exception in GA. STAT.
ANN. § 16-13-5 (West 2021).
• A person employed by or acting as an agent of a registered
syringe services program: (1) may sell, lend, rent, lease, give,
exchange, or otherwise distribute to any person a hypodermic
syringe or needle designed or marketed primarily for human
use; and (2) is immune from civil and criminal liability arising
from the possession, distribution, or exchange of hypodermic
syringes or needles and related supplies as part of a program.
• It is an affirmative defense to a charge of unlawful distribution
that the hypodermic syringe or needle was marketed for a
legitimate medical purpose.
Forfeiture
Drug related objects which are distributed or possessed in
violation of the law are contraband, subject to forfeiture, and no
person has a property interest in them.
Other provisions of note
G
A
.
S
TAT
.
A
NN
. § 16-13-32.1(c) (West 2021) contains a list of
factors that a court or other authority must consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
• H.B. 1175, 156
th
Gen. Assemb., 2021-22 Reg. Sess. (Ga.
2022) (enrolled bill sent to Governor). Although titled the
“Georgia Raw Dairy Act,” the bill contains a provision that
“any testing equipment used to determine whether a controlled
substance has been adulterated and contains a synthetic
opioid” is not a drug related object under the law.
• S.B. 164, 156
th
Gen. Assemb., 2021-22 Reg. Sess. (Ga. 2021)
(Senate disagreed with House version). Among other things,
the bill expressly provides that hypodermic needles and
syringes are not drug related objects.
• H.B. 719, 155
th
Gen. Assemb., 2019-20 Reg. Sess. (Ga. 2020)
(bill died in Senate committee). Similar to S.B. 164.
Drug Paraphernalia: Summary of State Laws
32
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HAWAII
Statute(s) and initial
effective dates(s)
• H
AW
.
R
EV
.
S
TAT
.
A
NN
. § 325-114 (West 2021) (eff. 1992)
(syringe services program exception).
• HAW. REV. STAT. ANN. § 329-1 (West 2021) (eff. 1972)
(definition).
• HAW. REV. STAT. ANN. § 329-43.5 (West 2021) (eff. 1988)
(criminalizes drug paraphernalia).
• HAW. REV. STAT. ANN. § 329-43.6 (West 2021) (eff. July 7,
2015) (overdose assistance exception).
• HAW. REV. STAT. ANN. § 329-55(a)(8) (West 2021) (eff. 1972)
(forfeitures).
Substantive
amendment(s) to law(s)
(non-marijuana related)
July 3, 2017 – Criminal penalties for drug paraphernalia
violations substantially reduced.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• The following violations are subject to a fine up to $500:
o Using or possessing with intent to use drug paraphernalia
to make or ingest a controlled substance in violation of the
law; or
o Delivering, possessing with intent to deliver, or
manufacturing with intent to deliver drug paraphernalia,
knowing or under circumstances where one reasonably
should know, that it will be used to make or ingest a
controlled substance in violation of this chapter.
• A person aged 18 or older who delivers drug paraphernalia to a
person under age 18 at least three (3) years younger is guilty of
a class B felony.
• It is unlawful for any person to publish an advertisement to
promote the sale of objects designed or intended for use as
drug paraphernalia. A violation is a Class C felony.
Drug Paraphernalia: Summary of State Laws
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HAWAII
Is paraphernalia allowed
in any context?
• Exchanges under the syringe services program provided in
HAW. REV. STAT. ANN. §§ 325-111 to -117 (West 2021) do not
constitute an offense under HAW. REV. STAT. ANN. § 329-43.5
(West 2021) for the program participant or employees of the
program or state department of health.
• The offense of possession of drug paraphernalia does not apply
to persons meeting the requirements for applicability of the
overdose assistance exception in HAW. REV. STAT. ANN.
§ 329-43.6 (West 2021).
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
H
AW
.
R
EV
.
S
TAT
.
A
NN
. § 329-1 (West 2021) contains a list of
factors that a court or other authority should consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
None.
Drug Paraphernalia: Summary of State Laws
34
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IDAHO
Statute(s) and initial
effective dates(s)
• I
DAHO
C
ODE
A
NN
.
§
37-2701 (West 2021) (eff. 1971)
(definition).
• IDAHO CODE ANN. §§ 37-2734A to -2734B (West 2021) (eff.
1980) (criminalizes drug paraphernalia).
• IDAHO CODE ANN. § 37-2739C (West 2021) (eff. July 1, 2018)
(overdose assistance exception).
• IDAHO CODE ANN. § 37-2744 (West 2021) (eff. 1971)
(forfeiture).
• IDAHO CODE ANN. § 37-3404 (West 2021) (eff. July 1, 2019).
Substantive
amendment(s) to law(s)
(non-marijuana related)
April 5, 1990 – Penalty for delivery of drug paraphernalia to a
minor increased to match the penalty for delivery to an adult.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• The following two violations are misdemeanors subject to up
to one (1) year imprisonment, a fine of $1,000, or both:
o Using, or possessing with intent to use, drug paraphernalia
to make or ingest a controlled substance; or
o Publishing an advertisement with the purpose of
promoting the sale of objects designed or intended for use
as drug paraphernalia.
• It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver, drug
paraphernalia, knowing, or under circumstances where one
reasonably should know, that it will be used to make or ingest
a controlled substance. A violation is a felony, subject to up to
nine (9) years imprisonment, a $30,000 fine, or both.
Is paraphernalia allowed
in any context?
• The offense of possession with intent to use drug paraphernalia
does not apply to a person meeting the requirements for
applicability of the overdose assistance exception in IDAHO
CODE ANN. § 37-2739C (West 2021).
• A syringe services program may operate and procure supplies
in Idaho if the program adheres to state law, “notwithstanding
any provision of law to the contrary.” This suggests—
although not clearly—that distribution and possession of
needles and syringes by authorized syringe services program
agents and their participants is allowable.
Forfeiture
All drug paraphernalia is subject to forfeiture.
Drug Paraphernalia: Summary of State Laws
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IDAHO
Other provisions of note
The definition of drug paraphernalia in
I
DAHO
C
ODE
A
NN
.
§ 37-2701 (West 2021) contains a list of factors that a court or
other authority should consider when determining whether an
object is drug paraphernalia.
Recently proposed
legislation
None.
Drug Paraphernalia: Summary of State Laws
36
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ILLINOIS
Statute(s) and initial
effective dates(s)
• 410
I
LL
.
C
OMP
.
S
TAT
.
A
NN
.
710/5
(West 2021) (eff. August 9,
2019) (syringe services program exception).
• 720 ILL. COMP. STAT. ANN. 570/414 (West 2021) (eff. June 1,
2012) (overdose assistance exception).
• 720 ILL. COMP. STAT. ANN. 600/1 to /7 (West 2021) (eff. July
1, 1983) (criminalizes drug paraphernalia).
• 720 ILL. COMP. STAT. ANN. 646/115 (West 2021) (eff. June 1,
2012) (methamphetamine overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• January 1, 1991 – Provision related to pregnant women added.
• July 25, 2003 – Exception for hypodermic syringes or needles
allowed under the Hypodermic Syringes and Needles Act
added.
• August 12, 2003 – Definition of drug paraphernalia changed to
require that a person intend to use the object in question
unlawfully.
• April 27, 2021 – Amendments to overdose assistance
exceptions that added among other things: (1) protection for an
eligible person against arrest; and (2) immunity for the
possession of drug paraphernalia.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes, if intended to be used unlawfully.
Does paraphernalia
include needles/syringes?
Yes, if intended to be used unlawfully.
Penalties for
possession/use of
paraphernalia
• Person who knowingly possesses drug paraphernalia with the
intent to use it to make or ingest a controlled substance faces a
minimum fine of $750 along with any other penalty allowable
for a Class A misdemeanor.
• Any person who keeps for sale, offers for sale, sells, or
delivers for any commercial consideration drug paraphernalia
commits a Class 4 felony subject to a minimum fine of $1,000
for each such item.
• Any person aged 18 years or older who sells or delivers for
any commercial consideration any item of drug paraphernalia
to a person under age 18 is guilty of a Class 3 felony.
• Any person who sells or delivers for a commercial
consideration any item of drug paraphernalia to a woman he or
she knows to be pregnant is guilty of a Class 2 felony.
• Any store, place, or premises from which or in which any item
of drug paraphernalia is kept for sale, offered for sale, sold, or
delivered for any commercial consideration is a public
nuisance.
Drug Paraphernalia: Summary of State Laws
37
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ILLINOIS
Is paraphernalia allowed
in any context?
• The crime of possession of drug paraphernalia does not apply
to a person legally authorized to possess hypodermic syringes
or needles under the Hypodermic Syringes and Needles Act
(720 ILL. COMP. STAT. ANN. 635/0.01, et seq. (West 2021)).
• Notwithstanding any other provision of Illinois law, no
employee or volunteer of or participant in a syringe services
program established under Illinois law can be charged with or
prosecuted for possession of any of the following:
o Needles, hypodermic syringes, or other drug paraphernalia
obtained from or returned to a syringe services program; or
o Drug adulterant testing supplies such as reagents, test
strips, or quantification instruments obtained from or
returned to a syringe services program.
• Person meeting the requirements for applicability of the
overdose assistance protections in 720 ILL. COMP. STAT. ANN.
570/414 (West 2021) or 720 ILL. COMP. STAT. ANN. 646/115
(West 2021) may not be arrested, charged, or prosecuted for
the possession of drug paraphernalia.
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
• 720
I
LL
.
C
OMP
.
S
TAT
.
A
NN
. 600/4 (West 2021) contains a list
of factors that a trier of fact should consider in determining if
an object falls under an exemption for drug paraphernalia.
• 720 ILL. COMP. STAT. ANN. 600/7 (West 2021) provides that a
local ordinance that imposes the same or greater restrictions on
the availability of drug paraphernalia is allowable.
Recently proposed
legislation
• H.B. 4556, 102
nd
Gen. Assemb., 2
nd
Reg. Sess. (Ill. 2022)
(enrolled bill sent to Governor). Provides that a pharmacist,
physician, advanced practice registered nurse, or physician
assistant may dispense drug adulterant testing supplies to any
person.
• S.B. 3918, 102
nd
Gen. Assemb., 2
nd
Reg. Sess. (Ill. 2022) and
H.B. 4334, 102
nd
Gen. Assemb., 2
nd
Reg. Sess. (Ill. 2022)
(pending in House/Senate committees). These bills provide
that any governmental or nongovernmental entity described
under specified provisions or any entity that provides medical
care or health services may distribute fentanyl test strips to the
public to test for the presence of fentanyl, a fentanyl analogue,
or a drug adulterant within a controlled substance. In addition,
the bills provide that drug paraphernalia does not include
equipment, products, or materials to analyze or test for the
presence of fentanyl, a fentanyl analogue, or a drug adulterant
within a controlled substance.
Drug Paraphernalia: Summary of State Laws
38
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ILLINOIS
Recently proposed
legislation
(continued)
• H.B. 110, 102
nd
Gen. Assemb., 1st Reg. Sess. (Ill. 2021)
(pending in House). The bill provides that, the state
department of health may approve an entity to operate a
program relating to, among other things, the safe and hygienic
use of drugs obtained prior to entrance. Moreover, specified
persons related to a program are not subject to civil or criminal
liability solely for participation or involvement in the program
if it is approved under the Act.
• H.B. 4071, 101
st
Gen. Assemb., 2nd Reg. Sess. (Ill. 2020)
(died upon legislature’s adjournment). Similar to H.B. 110.
Drug Paraphernalia: Summary of State Laws
39
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INDIANA
Statute(s) and initial
effective dates(s)
• I
ND
.
C
ODE
A
NN
. § 16-42-19-18 (West 2021) (eff. 1993)
(criminalizes drug paraphernalia).
• IND. CODE ANN. § 35-33-5-5 (West 2021) (eff. 1981)
(disposition of property).
• IND. CODE ANN. §§ 35-48-4-8.1 to 4-8.5 (West 2021) (eff.
1980) (criminalizes drug paraphernalia; syringe services
program exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• July 1, 1989 – Penalty for a first-time offense of
manufacturing drug paraphernalia reduced.
• July 1, 2003 – Penalty for a first-time offense of possessing
drug paraphernalia and dealing in paraphernalia reduced.
• July 1, 2014 – Offense of recklessly possessing drug
paraphernalia removed.
• May 5, 2015 – Exception for syringes and needles provided as
part of a syringe services program added.
• July 1, 2015 – Penalties for offense of possessing drug
paraphernalia reduced.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• A person may not possess a hypodermic syringe, needle, or an
instrument adapted for the use of a drug by injection with an
intent to violate the Indiana Legend Drug Act (IND. CODE
ANN. § 16-42-19-1, et seq. (West 2021)) or commit a
controlled substance offense. A violation is a Level 6 felony.
• For the first offense, it is a Class C misdemeanor for a person
to knowingly or intentionally possesses an instrument, a
device, or another object that the person intends to use for: (1)
introducing into the person's body a controlled substance; (2)
testing the strength, effectiveness, or purity of a controlled
substance; or (3) enhancing the effect of a controlled
substance. A second or subsequent offense is a Class A
misdemeanor.
• For the first offense, it is a Class A infraction for a person to
manufacture, finance the manufacture of, or design a device
that is intended to be used primarily for: (1) introducing into
the human body a controlled substance; (2) testing the
strength, effectiveness, or purity of a controlled substance; or
(3) enhancing the effect of a controlled substance. A second or
subsequent offense is a Level 6 felony.
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40
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INDIANA
Penalties for
possession/use of
paraphernalia
(continued)
• For a first offense, it is a Class A infraction for a person to sell,
offer for sale, deliver, or finance the delivery of a raw material
or a device that is intended to be used for one or more of a list
of things that generally coincide with drug paraphernalia. A
second or subsequent offense is a Level 6 felony.
Is paraphernalia allowed
in any context?
The offense of dealing in drug paraphernalia does not apply to:
• A qualified entity, as defined, that provides a syringe or needle
as part of a syringe services program under IND. CODE ANN.
§ 16-41-7.5-1, et seq. (West 2021); or
• Any entity or person that provides funding to a qualified entity
to operate a syringe services program.
Forfeiture
With respect to items of property seized by any law enforcement
agency because of an arrest, search warrant, or warrantless
search, such agency may destroy or cause to be destroyed
chemically contaminated equipment including drug
paraphernalia associated with the illegal manufacture of drugs or
controlled substances without a court order if certain conditions
are met.
Other provisions of note
None.
Recently proposed
legislation
S.B. 404, 122
nd
Gen. Assemb., 1st Reg. Sess. (Ind. 2021) (bill
died upon legislature’s adjournment). The bill defines “sharp
paraphernalia device” and establishes a defense to possession of
such device and to possession of a residual amount of controlled
substance located in a hypodermic syringe or hypodermic
needle, if: (1) before conducting a search, a law enforcement
officer asks about the existence of a sharp paraphernalia device;
and (2) the person informs the law enforcement officer of the
existence and location of the sharp paraphernalia device before
the officer conducts the search.
Drug Paraphernalia: Summary of State Laws
41
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IOWA
Statute(s) and initial
effective dates(s)
• I
OWA
C
ODE
A
NN
. § 124.414 (West 2021) (eff. July 1, 2000)
(criminalizes drug paraphernalia).
• IOWA CODE ANN. § 124.418 (West 2021) (eff. July 1, 2018)
(overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
None.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
It is unlawful for any person to knowingly or intentionally
manufacture, deliver, sell, or possess drug paraphernalia. A
violation is a simple misdemeanor.
Is paraphernalia allowed
in any context?
• Hypodermic needles or syringes are allowable if
manufactured, delivered, sold, or possessed for a lawful
purpose.
• For any person meeting the requirements for applicability of
the overdose assistance protection in IOWA CODE ANN.
§ 124.418 (West 2021), “protected information,” as the law
defines that term, may not be considered to support probable
cause and is not admissible as evidence for violating the
prohibition against drug paraphernalia.
Forfeiture
Iowa law does not expressly address forfeiture of drug
paraphernalia.
Other provisions of note
None.
Recently proposed
legislation
• H.F. 898, 89
th
Gen. Assemb., 2021 Sess. (Iowa 2021) (pending
in House committee). Among other things, the bill
appropriates $450,000 to pilot the establishment and operation
of three community-based syringe service programs.
• H.F. 163, 89
th
Gen. Assemb., 2021 Sess. (Iowa 2021) (pending
in House committee). The bill provides that a person who
violates Iowa law involving drug paraphernalia that is not
offered for sale shall be assessed a civil penalty in the amount
of $25.
• S.F. 204, 89
th
Gen. Assemb., 2021 Sess. (Iowa 2021) (pending
in Senate committee). The bill amends IOWA CODE ANN.
§ 124.414 (West 2021) by defining “lawful purpose” to
include needles or syringes delivered, sold, or possessed
through an approved needle exchange program.
Drug Paraphernalia: Summary of State Laws
42
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KANSAS
Statute(s) and initial
effective dates(s)
• K
AN
.
S
TAT
.
A
NN
. § 21-5701(f) (West 2021) (eff. July 1, 2009)
(definition).
• KAN. STAT. ANN. §§ 21-5709 to 21-5711 (West 2021) (eff.
July 1, 2009) (criminalizes drug paraphernalia).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• April 15, 2010 – Enhanced penalty for distribution to minors
or near schools added.
• July 1, 2012 – Penalty for certain use/possession with intent to
use and distribution-related violations reduced.
• July 1, 2017 – Penalty for use/possession with intent to use
violations reduced.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to use, or possess with intent to
use, any drug paraphernalia. A violation is a Class B non-
person misdemeanor if it relates to introducing a controlled
substance into the body. A violation is a Level 5 felony if it
relates to analyzing or distributing a controlled substance.
• It is unlawful for any person to distribute, possess with the
intent to distribute or manufacture with intent to distribute any
drug paraphernalia with the reasonable knowledge that it will
result in a controlled substance violation. Penalties differ
depending on what controlled substance violation occurs.
• Distributing drug paraphernalia to a minor, or within 1,000
feet of a school, results in stiffer penalties.
Is paraphernalia allowed
in any context?
No.
Forfeiture
Not expressly addressed by statute.
Other provisions of note
K
AN
.
S
TAT
.
A
NN
. § 21-5711 (West 2021) contains a list of
factors that a court or other authority must consider in
determining if an object is drug paraphernalia.
Recently proposed
legislation
• H.B. 2277, 89th Leg., 2021 Reg. Sess. (Kan. 2021) (pending in
Senate committee). Among other things, the bill would
expressly exclude “fentanyl test strips” from the definition of
drug paraphernalia.
• H.B. 2288, 89th Leg., 2021 Reg. Sess. (Kan. 2021) (pending in
House committee upon adjournment). Among other things, the
bill would reduce criminal penalties associated with drug
paraphernalia.
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KENTUCKY
Statute(s) and initial
effective dates(s)
• K
Y
.
R
EV
.
S
TAT
.
A
NN
.
§ 15.525 (West 2021) (eff. June 29,
2017) (substance use disorder treatment referral).
• KY. REV. STAT. ANN. § 218A.133 (West 2021) (eff. March 25,
2015) (overdose assistance exception).
• KY. REV. STAT. ANN. § 218A.500 (West 2021) (eff. 1992)
criminalizes drug paraphernalia; syringe services program
exception).
• KY. REV. STAT. ANN. § 218A.510 (West 2021) (eff. 1982)
(factors for consideration).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• March 25, 2015 – Exceptions to criminalization provisions
added for: (1) syringe exchange programs; and (2) declaration
to peace officer regarding the presence of a needle or other
sharp object.
• June 28, 2021 – Exception to criminalization provisions added
for the sale of hypodermic syringes and needles by a retail
pharmacy without a prescription.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to use, or to possess with intent to
use, drug paraphernalia. A violation is a Class A misdemeanor.
• It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver, drug
paraphernalia. A violation is a Class A misdemeanor.
Is paraphernalia allowed
in any context?
• Person voluntarily seeking substance use disorder treatment
assistance through a program created pursuant to KY. REV.
STAT. ANN. § 15.525 (West 2021) may not be arrested or
prosecuted for the possession of drug paraphernalia that is
surrendered to the law enforcement agency.
• Person meeting the requirements for applicability of the
overdose assistance protection in KY. REV. STAT. ANN.
§ 218A.133 (West 2021) may not be charged or prosecuted for
the possession of drug paraphernalia.
• Local health departments may operate a substance use disorder
outreach program that includes syringe services programs.
Drug Paraphernalia: Summary of State Laws
44
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KENTUCKY
Is paraphernalia allowed
in any context?
(continued)
• The retail sale of hypodermic syringes and needles without a
prescription in pharmacies is allowed. Additionally, the
hypodermic syringe and needle inventory of a pharmacy is not
drug paraphernalia.
• Prior to searching a person, a person’s premises, or a person’s
vehicle, a law enforcement officer may ask the person whether
the person (or the premises/vehicle) possesses/contains a
needle or syringe that may cut or puncture the officer. If the
person so alerts the officer prior to the search, the officer may
not arrest or cite the person for possession of drug
paraphernalia.
Forfeiture
To receive the protection from arrest or prosecution for the
substance use disorder treatment referral program, any drug
paraphernalia on the person seeking assistance must be
surrendered to law enforcement.
Other provisions of note
K
Y
.
R
EV
.
S
TAT
.
A
NN
.
§ 218A.510 (West 2021) contains a list of
factors that a court or other authority should consider in
determining if an object is drug paraphernalia.
Recently proposed
legislation
None other than legislation enacted in 2021.
Drug Paraphernalia: Summary of State Laws
45
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LOUISIANA
Statute(s) and initial
effective dates(s)
L
A
.
S
TAT
.
A
NN
. §§ 40:1021 to 1026 (West 2021) (eff. 1980).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• August 1, 2016 – Penalties for violations of drug paraphernalia
laws reduced.
• June 3, 2017 – Exception for syringe services programs added.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to use, or to possess with intent to
use, any drug paraphernalia.
• It is unlawful for any person or corporation, knowingly, or
under circumstances where one reasonably should know, to
sell, lend, rent, lease, give, exchange, or otherwise distribute to
any person any drug paraphernalia.
• Penalties for violations are:
o For the first violation, the offender may be subject to a fine
up to $300, imprisonment of up to 15 days, or both;
o For a second conviction, the offender may be subject to a
fine up to $1,000, imprisonment of up to six (6) months, or
both;
o For a third or subsequent conviction, the offender may be
subject to a fine up $2,500, imprisonment up to two (2)
years, or both; and
o For a second or subsequent conviction, an individual’s
business license may be suspended or revoked.
Is paraphernalia allowed
in any context?
• The prohibition against drug paraphernalia does not apply to
the manufacture, sale, distribution, or advertisement of any
product or object designed and sold primarily for scientific
research, industrial, veterinary, or agricultural purposes, or for
bona fide medical or clinical use.
• Drug paraphernalia laws do not prohibit the establishment and
implementation of a syringe services program within the
jurisdiction of a local governing authority, including but not
limited to a city, town, or parish.
• It is an affirmative defense to prosecution that the person who
received the paraphernalia has a prescription from a licensed
medical practitioner for marijuana or the controlled substance
for which the object is primarily intended to be used. It is also
an affirmative defense that the drug paraphernalia is designed
or marketed primarily for veterinary or agricultural purposes.
Drug Paraphernalia: Summary of State Laws
46
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LOUISIANA
Forfeiture
Drug paraphernalia is contraband and may be destroyed by the
authorities making the seizure.
Other provisions of note
L
A
.
S
TAT
.
A
NN
. § 40:1022 (West 2021) contains a list of factors
that a court or other authority must consider in determining if an
object is drug paraphernalia.
Recently proposed
legislation
• S.B. 315, 2022 Reg. Sess. (La. 2022) (pending in Senate
committee). This bill adds an exception to criminal penalties,
allowing a person to “possess, deliver, or sell testing
equipment designed to detect the presence of fentanyl or any
synthetic controlled substance fentanyl analogue.”
• H.B. 212, 2022 Reg. Sess. (La. 2022) (passed House; ordered
to Senate). The bill provides that drug paraphernalia does not
include “rapid fentanyl test strips (FTS) or any testing
equipment or devices solely used, intended for use, or
designed to determine whether a substance contains fentanyl
or its analogues.”
Drug Paraphernalia: Summary of State Laws
47
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MAINE
Statute(s) and initial
effective dates(s)
• M
E
.
R
EV
.
S
TAT
.
A
NN
. tit. 17-A, § 1111-A (West 2021) (eff.
1981) (criminalizes drug paraphernalia).
• ME. REV. STAT. ANN. tit. 17-A § 1111-B (West 2021) (eff.
September 19, 2019) (overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
October 18, 2021 – References to testing equipment removed
from definition of “drug paraphernalia.” In addition, the
amendment removed the crimes of possession of, or furnishing
or trafficking in, hypodermic apparatuses.
Does paraphernalia
include drug test strips or
other testing equipment?
No. Recent alterations to the definition of drug paraphernalia
removed references to “testing, analyzing,” and “testing
equipment.”
Does paraphernalia
include needles/syringes?
No. Maine law expressly provides that drug paraphernalia does
not include “hypodermic apparatuses.”
Penalties for
possession/use of
paraphernalia
• Using drug paraphernalia, or possessing it with the intent to
use, is a civil violation subject to a $300 fine.
• Trafficking in or furnishing drug paraphernalia while knowing,
or under circumstances when the person should know, that the
paraphernalia will be used illegally, constitutes a Class D or E
crime, depending on the age of the person(s) furnished
paraphernalia.
• Advertising drug paraphernalia is a Class E crime.
Is paraphernalia allowed
in any context?
• Neither drug testing equipment nor needles/syringes constitute
drug paraphernalia.
• Person seeking medical assistance for, or administering,
naloxone hydrochloride to, another person experiencing a
drug-related overdose, or who is experiencing a drug-related
overdose and needs medical assistance, may not be arrested or
prosecuted for a violation of ME. REV. STAT. ANN. tit. 17-A,
§ 1111-A (West 2021).
• It is an affirmative defense to prosecution that the drug
paraphernalia used or possessed is used or possessed for the
propagation, cultivation, or processing of hemp.
Forfeiture
Drug paraphernalia possessed in violation of Maine law is
contraband and may be seized and confiscated.
Other provisions of note
M
E
.
R
EV
.
S
TAT
.
A
NN
. tit. 17-A, § 1111-A(3) (West 2021)
contains a list of factors that a court or other authority must
consider in determining if an object is drug paraphernalia.
Recently proposed
legislation
None, other than legislation enacted in 2021.
Drug Paraphernalia: Summary of State Laws
48
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MARYLAND
Statute(s) and initial
effective dates(s)
• M
D
.
C
ODE
A
NN
.,
C
RIM
.
L
AW
. § 5-101 (West 2021) (eff.
October 1, 2002) (definitions).
• MD. CODE ANN., CRIM. LAW. §§ 5-619 to 5-620 (West 2021)
(eff. October 1, 2002) (criminalizes drug paraphernalia and
controlled paraphernalia).
• MD. CODE ANN., CRIM. LAW. § 5-808 (West 2021) (eff.
October 1, 2002) (immunity).
• MD. CODE ANN., CRIM. PROC. § 1-210 (West 2021) (eff.
October 1, 2009) (overdose assistance exception).
• MD. CODE ANN., CRIM. PROC. § 12-102 (West 2021) (eff.
October 1, 2001) (forfeiture).
• MD. CODE ANN., HEALTH – GEN. § 24-808 (West 2021) (eff.
June 1, 1994) (syringe services program exception).
• MD. CODE ANN., HEALTH – GEN. § 24-908 (West 2021) (eff.
October 1, 2016) (opioid overdose outreach exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• October 1, 2014 – Initial Good Samaritan protections added.
• June 1, 2018 – Definition of “drug paraphernalia” amended
with respect to testing equipment.
Does paraphernalia
include drug test strips or
other testing equipment?
No. Recent alternations to the definition of drug paraphernalia
removed references to “testing, analyzing,” and equipment used
for “identifying” a controlled dangerous substance.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• Each of the following acts constitutes a misdemeanor, subject
to a fine of up to $500 for a first violation:
o Using or possessing with intent to use drug paraphernalia
to administer a controlled dangerous substance;
o Delivering or selling, or manufacturing or possessing with
intent to deliver or sell, drug paraphernalia, knowing, or
under circumstances where one reasonably should know,
that the drug paraphernalia will be used to administer a
controlled dangerous substance; or
o Advertising to promote the sale or delivery of drug
paraphernalia.
• For each of the above violations, a second or subsequent
conviction may result in a fine up to $2,000, two (2) years
imprisonment, or both.
Drug Paraphernalia: Summary of State Laws
49
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MARYLAND
Penalties for
possession/use of
paraphernalia
(continued)
• A person aged 18 or older who violates the prohibition against
delivering, selling, or manufacturing drug paraphernalia by
delivering it to a minor at least three (3) years younger is
guilty of a separate misdemeanor, subject to eight (8) years
imprisonment, a fine up to $15,000, or both.
• It is unlawful to obtain, attempt to obtain, possess or distribute
controlled paraphernalia to administer a controlled substance.
Except in cases of marijuana, a violation is a misdemeanor
subject to imprisonment up to four (4) years, a fine up to
$25,000, or both.
Is paraphernalia allowed
in any context?
• Drug paraphernalia does not include equipment designed for
testing, analyzing, or identifying a controlled dangerous
substance.
• Public officials and certain authorized police department
civilian employees may temporarily possess drug
paraphernalia or controlled paraphernalia incidental to the
discharge of official or employee duties.
• Syringe services program staff or participants do not violate
state law for possessing or distributing controlled
paraphernalia or drug paraphernalia whenever such possession
or distribution is a direct result of authorized program
activities.
• Opioid overdose outreach program staff, volunteers, or
participants do not violate state law for possessing or
distributing controlled paraphernalia or drug paraphernalia
whenever such possession or distribution is a direct result of
authorized program activities.
• Person meeting the requirements for applicability of the
overdose assistance protection in MD. CODE ANN., CRIM.
PROC. § 1-210 (West 2021) is immune from arrest, charge, or
prosecution for a violation of using, possessing, and
possessing with intent to sell drug paraphernalia.
Forfeiture
Drug paraphernalia and controlled paraphernalia are subject to
forfeiture.
Other provisions of note
M
D
.
C
ODE
A
NN
.,
C
RIM
.
L
AW
. § 5-619 (West 2021) contains a list
of factors that a court must consider in determining if an object
is drug paraphernalia.
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50
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MARYLAND
Recently proposed
legislation
• S.B. 420, 2021 Leg., 442
nd
Sess. (Md. 2021) (vetoed by the
Governor). This bill would repeal the prohibition against using
or possessing with intent to use drug paraphernalia to inject,
ingest, inhale, or otherwise introduce into the human body a
controlled dangerous substance. In addition, the bill would
lower drug paraphernalia penalties for second and subsequent
convictions.
• H.B. 372, 2021 Leg., 442
nd
Sess. (Md. 2021) (bill died in
Senate after House passage). Similar to S.B. 420, although it
did not contain a reduction in penalties.
• H.B. 720 and S.B. 704, 2020 Leg., 441
st
Sess. (Md. 2020)
(bills died in committee). Similar to H.B. 372.
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51
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MASSACHUSETTS
Statute(s) and initial
effective dates(s)
• M
ASS
.
G
EN
.
L
AWS
A
NN
. ch. 94C, § 1 (West 2021) (eff. 1971)
(definition).
• MASS. GEN. LAWS ANN. ch. 94C, § 32I (West 2021) (eff.
1981) (criminalizes drug paraphernalia).
• MASS. GEN. LAWS ANN. ch. 94C, § 47 (West 2021) (eff. 1971)
(forfeiture).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• July 13, 2006 – Express reference to needles/syringes in drug
paraphernalia definition removed. In addition, amendment
added the exception for the sale of needles/syringes.
• August 9, 2018 – Exception allowing the sale of
needles/syringes expanded to persons under age 18.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
No. The definition of drug paraphernalia does not expressly
include objects used to inject a controlled substance into the
human body.
Penalties for
possession/use of
paraphernalia
• It is unlawful to sell, possess, or purchase with intent to sell, or
manufacture with intent to sell drug paraphernalia, knowing,
or under circumstances where one reasonably should know,
that it will be used to make or ingest a controlled substance. A
violation is subject to up to two (2) years imprisonment, a fine
up to $5,000, or both.
• Violating the prohibition against selling drug paraphernalia by
selling it to a person under age 18 is subject to a three-to-five
(3-5) year sentence, a $1,000 to $5,000 fine, or both.
Is paraphernalia allowed
in any context?
The prohibition against drug paraphernalia does not apply to the
sale of hypodermic syringes or needles by a licensed pharmacist
or wholesale druggist.
Forfeiture
Drug paraphernalia is subject to forfeiture.
Other provisions of note
M
ASS
.
G
EN
.
L
AWS
A
NN
.
ch. 94C,
§ 1 (West 2021) contains a list
of factors that a court or other authority should consider in
determining if an object is drug paraphernalia.
Recently proposed
legislation
• H.B. 2125, 192
nd
Gen. Court (Mass. 2021) (pending in joint
committee). This bill provides that a person who administers
or utilizes testing equipment in good faith to assist another
person in identifying or in analyzing the strength, effectiveness
or purity of a controlled substance may not be charged or
prosecuted for possession of drug paraphernalia.
• H.B. 4538, 191
st
Gen. Court (Mass. 2020) (died in committee).
Similar to H.B. 2125.
Drug Paraphernalia: Summary of State Laws
52
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MICHIGAN
Statute(s) and initial
effective dates(s)
• M
ICH
.
C
OMP
.
L
AWS
A
NN
. §§ 333.7451 to .7461 (West 2021)
(eff. 1988) (criminalizes drug paraphernalia; exceptions).
• MICH. COMP. LAWS ANN. § 333.7521 (West 2021) (eff. 1982)
(forfeiture).
Substantive
amendment(s) to law(s)
(non-marijuana related)
None.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes. Note, however, that although the definition of drug
paraphernalia includes equipment used for “injecting” a
controlled substance, the definition does not reference needles or
syringes in the list of examples of drug paraphernalia.
Penalties for
possession/use of
paraphernalia
• It is unlawful to sell or offer for sale drug paraphernalia,
knowing that it will be used to make or ingest a controlled
substance. A violation is a misdemeanor, punishable by up to
90 days in prison, a fine up to $5,000, or both.
• A person 18 or older who commits a violation by selling or
offering to sell drug paraphernalia to a person less than 18 is
guilty of a misdemeanor, punishable by imprisonment up to
one (1) year, a fine up to $7,500, or both.
Is paraphernalia allowed
in any context?
• It appears that possession of drug paraphernalia, without the
intent to sell, is allowed.
• Prohibition against selling drug paraphernalia does not apply
to objects sold or given away by a state or local governmental
agency, or by a person specifically authorized by a state or
local governmental agency to prevent the transmission of
infectious agents.
Forfeiture
Drug paraphernalia is subject to forfeiture.
Other provisions of note
Under M
ICH
.
C
OMP
.
L
AWS
A
NN
. § 333.7453 (West 2021), prior
to arrest for selling or offering to sell drug paraphernalia, the
attorney general or a prosecuting attorney must notify the person
in writing, at least two (2) business days before anticipated arrest
that: (1) the person is in possession of specific, defined material
determined to be drug paraphernalia; but (2) no arrest will be
made if the person ceases selling the item(s). The person may
commence a declaratory judgment action to determine the
legality of the intended sale.
Recently proposed
legislation
None.
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53
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MINNESOTA
Statute(s) and initial
effective dates(s)
• M
INN
.
S
TAT
.
A
NN
. § 151.40 (West 2021) (eff. 1969)
(hypodermic needles and syringes).
• MINN. STAT. ANN. § 152.01 (West 2021) (eff. July 1, 1967)
(definition).
• MINN. STAT. ANN. §§ 152.092 to 152.095 (West 2021) (eff.
1982) (criminalizes drug paraphernalia).
• MINN. STAT. ANN. § 604A.05 (West 2021) (eff. July 1, 2014)
(overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• August 1, 2016 – Multiple offender provision added.
• July 1, 2021 – Exception for fentanyl test strips added to
definition of “drug paraphernalia.”
Does paraphernalia
include drug test strips or
other testing equipment?
No. The definition of drug paraphernalia does not include “the
possession, manufacture, delivery, or sale of . . . products that
detect the presence of fentanyl or a fentanyl analog in a
controlled substance.”
Does paraphernalia
include needles/syringes?
Yes, subject to the limitation delineated below.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person knowingly or intentionally to use
or to possess drug paraphernalia. A first or second offense is a
petty misdemeanor. A third or subsequent offense is a crime
subject to up to 90 days imprisonment, a fine of up to $1,000,
or both.
• It is unlawful for any person knowingly or intentionally to
deliver drug paraphernalia or knowingly or intentionally to
possess or manufacture drug paraphernalia for delivery. A
violation is a misdemeanor.
• Person aged 18 or older who violates the prohibition against
delivering drug paraphernalia by delivering it to a person
under age 18 at least three (3) years younger is guilty of a
gross misdemeanor.
• It is unlawful for any person knowingly or intentionally to
advertise or promote the sale of drug paraphernalia. A
violation is a misdemeanor.
Is paraphernalia allowed
in any context?
• Drug paraphernalia does not include products that detect the
presence of fentanyl or a fentanyl analog in a controlled
substance.
• Drug paraphernalia does not include hypodermic needles or
syringes possessed, manufactured, or delivered in accordance
with MINN. STAT. ANN. §151.40(2) (West 2021) (“Sales of
limited quantities of clean needles and syringes”).
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54
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MINNESOTA
Is paraphernalia allowed
in any context?
(continued)
• M
INN
.
S
TAT
.
A
NN
. §151.40(1) (West 2021) contains a list of
individuals authorized to possess, control, manufacture, sell,
furnish, dispense, or otherwise dispose of hypodermic syringes
or needles.
• Person meeting the requirements for applicability of the
overdose assistance protection in MINN. STAT. ANN. § 604A.05
(West 2021) may not be charged or prosecuted for possession
of drug paraphernalia.
• Registered pharmacy or a licensed pharmacist may sell—
without the prescription or direction of a practitioner—unused
hypodermic needles and syringes in quantities of 10 or fewer.
Forfeiture
Minnesota statute does not expressly address forfeiture of drug
paraphernalia.
Other provisions of note
None.
Recently proposed
legislation
H.F. 928, 92
nd
Leg., 1
st
Reg. Sess. (Minn. 2021) and S.F. 1142,
92
nd
Leg., 1
st
Reg. Sess. (Minn. 2021) (pending in House/Senate
committees). These bills would add a syringe services program
exception to MINN. STAT. ANN. § 151.40 (West 2021).
Drug Paraphernalia: Summary of State Laws
55
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MISSISSIPPI
Statute(s) and initial
effective dates(s)
• M
ISS
.
C
ODE
A
NN
.
§
41-29-105(v) (eff. 1972) (definition of
drug paraphernalia).
• MISS. CODE ANN. § 41-29-139(d) (eff. 1972) (criminalizes
drug paraphernalia).
• MISS. CODE ANN. § 41-29-149.1 (West 2021) (eff. July 1,
2015) (overdose assistance exception).
• MISS. CODE ANN. § 41-29-153(a)(6) (West 2021) (eff. 1971)
(forfeiture).
Substantive
amendment(s) to law(s)
(non-marijuana related)
None.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• The following violations are misdemeanors, subject to up to
six (6) months in jail, a fine up to $500, or both:
o Unauthorized use or possession with intent to use drug
paraphernalia to violate state law;
o Delivering, selling, possessing with intent to deliver or
sell, or manufacturing with intent to deliver or sell, drug
paraphernalia, knowing, or under circumstances where one
reasonably should know, that it will be used to violate state
law; and
o Advertising to promote the sale of objects designed or
intended for use as paraphernalia.
• A person aged 18 or older who violates the prohibition against
delivering or selling drug paraphernalia by delivering it to a
person under age 18 at least three (3) years younger is guilty of
a misdemeanor, subject to up to one (1) year in jail, a fine up
to $1,000, or both.
Is paraphernalia allowed
in any context?
• A person authorized to possess or use drug paraphernalia by
the State Board of Medical Licensure, State Board of
Pharmacy, or other lawful authority.
• A person meeting the requirements for applicability of the
overdose assistance exception in MISS. CODE ANN. § 41-29-
149.1 (West 2021) may not be arrested, charged, or prosecuted
for a “drug violation,” which includes the possession and use
of drug paraphernalia.
Forfeiture
Drug paraphernalia is subject to forfeiture.
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56
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MISSISSIPPI
Other provisions of note
M
ISS
.
C
ODE
A
NN
.
§ 41-29-105(v) (West 2021) contains a list of
factors that a court or other authority should consider in
determining if an object is drug paraphernalia.
Recently proposed
legislation
H.B. 496, 137
th
Leg. Sess. (Miss. 2022) and S.B. 2284, 137
th
Leg. Sess. (Miss. 2022) (died in House/Senate committee).
These bills would amend the definition of “drug paraphernalia”
to exclude “narcotic drug testing products that are used to
determine whether a controlled substance contains fentanyl or a
fentanyl analog.”
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57
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MISSOURI
Statute(s) and initial
effective dates(s)
• M
O
.
A
NN
.
S
TAT
. § 195.010(18) (West 2021) (eff. 1939)
(definition).
• MO. ANN. STAT. § 195.140 (West 2021) (eff. 1939)
(forfeiture).
• MO. ANN. STAT. § 195.205 (West 2021) (eff. August 28, 2017)
(overdose assistance exception).
• MO. ANN. STAT. § 195.244 (West 2021) (eff. 1989)
(criminalizes advertising).
• MO. ANN. STAT. § 579.040 (West 2021) (eff. January 1, 2017)
(criminalizes delivery).
• MO. ANN. STAT. §§ 579.074 to 579.076 (West 2021) (eff.
1989) (criminalizes possession and delivery).
Substantive
amendment(s) to law(s)
(non-marijuana related)
January 1, 2017 – Drug paraphernalia penalties lessened, except
with respect to amphetamine/methamphetamine where such
penalties increased.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful to use, or possess with intent to use, drug
paraphernalia to make or ingest a controlled substance. A
violation is a Class D misdemeanor, unless: (1) the violator
has a prior controlled substances offense; or (2) the drug
paraphernalia is used in combination with amphetamine,
methamphetamine, or any of their analogues. In the case of
(1), the violation is a Class A misdemeanor. In the case of (2),
a violation is a Class E felony.
• The following violations are Class A misdemeanors, unless
done for commercial purposes, in which case they are Class E
felonies:
o Delivering, selling, possessing, or possessing with intent to
deliver or sell drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it
will be used to violate controlled substance law; and
o Manufacturing with intent to deliver drug paraphernalia.
knowing, or under circumstances where one reasonably
should know, that it will be used to violate controlled
substance law.
• It is unlawful for a person to advertise to promote the sale of
objects designed or intended for use as paraphernalia. A
violation is a Class B misdemeanor.
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58
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MISSOURI
Is paraphernalia allowed
in any context?
Person meeting the requirements for applicability of the
overdose assistance exception in MO. ANN. STAT. § 579.074
(West 2021) may not be arrested, charged, prosecuted, or
convicted of the offense of unlawful possession of drug
paraphernalia.
Forfeiture
Drug paraphernalia in the hands of law enforcement or the
Department of Health and Senior Services (Department) is
subject to forfeiture.
Other provisions of note
M
O
.
A
NN
.
S
TAT
.
§ 195.010(18) (West 2021) contains a list of
factors that a court or other authority should consider in
determining if an object is drug paraphernalia.
Recently proposed
legislation
• H.B. 2797, 101
st
Gen. Assemb., 2
nd
Reg. Sess. (Mo. 2022)
(read second time in House). Establishes a fentanyl testing
strip pilot program.
• H.B. 2570, 101
st
Gen. Assemb., 2
nd
Reg. Sess. (Mo. 2022)
(read second time in House). Establishes a fentanyl testing
strip pilot program.
• H.B. 1844, 101
st
Gen. Assemb., 2
nd
Reg. Sess. (Mo. 2022) and
S.B. 690, 101st Gen. Assemb., 2nd Reg. Sess. (Mo. 2022)
(Senate bill reported do pass from Senate committee). These
bills would exempt from drug paraphernalia laws any entity
registered with the Department that possesses, distributes, or
delivers hypodermic needles or syringes for the purpose of
operating a syringe services program.
• H.B. 650, 101
st
Gen. Assemb., 1
st
Reg. Sess. (Mo. 2021) (died
in House committee). Similar to H.B. 1844 and S.B. 690.
• S.B. 64, 101
st
Gen. Assemb., 1
st
Reg. Sess. (Mo. 2021) (died in
conference committee after House and Senate passed differing
versions). Similar to H.B. 1844 and S.B. 690 with respect to
possession/distribution of syringes.
• H.B, 1486, 100
th
Gen. Assemb., 2
nd
Reg. Sess. (Mo. 2020) and
S.B. 668, 100
th
Gen. Assemb., 2
nd
Reg. Sess. (Mo. 2020) (died
in House/Senate committees). Similar to H.B. 1844 and S.B.
690.
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59
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MONTANA
Statute(s) and initial
effective dates(s)
• M
ONT
.
C
ODE
A
NN
. § 44-12-102 (West 2021) (eff. 1979)
(forfeiture).
• MONT. CODE ANN. §§ 45-10-101 to 10-107 (West 2021) (eff.
1981) (criminalizes drug paraphernalia; syringe services
program exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• October 1, 2001 – Presumption of entitlement to deferred
imposition of imprisonment added.
• July 1, 2017 – Requirement for violators to complete a
dangerous drug information course offered by a chemical
dependency facility repealed.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes. Note, however, that although the definition of drug
paraphernalia includes equipment used for “injecting” a
controlled substance, the definition does not reference needles or
syringes in the list of examples of drug paraphernalia.
Penalties for
possession/use of
paraphernalia
• Each of the following constitutes a misdemeanor, subject to a
fine of up to $500, a six (6) month sentence, or both:
o Using or possessing with intent to use drug paraphernalia
to administer a dangerous drug;
o Delivering or selling, or manufacturing or possessing with
intent to deliver or sell, drug paraphernalia, knowing, or
under circumstances where one reasonably should know,
that the drug paraphernalia will be used to administer a
dangerous drug; or
o Advertising to promote the sale or delivery of drug
paraphernalia.
• For the first violation of the prohibition against using or
possessing drug paraphernalia, there is a presumption of
entitlement to a deferred imposition of any prison sentence.
• A person aged 18 or older who violates the prohibition against
manufacture or delivery of drug paraphernalia by delivering it
to a person under 18 years of age who is at least three (3) years
younger is guilty of a misdemeanor subject to one (1) year
imprisonment, a fine of up to $1,000, or both.
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MONTANA
Is paraphernalia allowed
in any context?
Criminal provisions do not apply to individuals acting as
employees or volunteers of an organization, including a
nonprofit community-based organization, local health
department, or tribal health department, that provides syringe
services programs to prevent and reduce the transmission of
communicable diseases.
Forfeiture
A court may order, as part of a sentence imposed, the forfeiture
of drug paraphernalia.
Other provisions of note
M
ONT
.
C
ODE
A
NN
.
§ 45-10-102 (West 2021) contains a list of
factors that a court or other authority should consider in
determining if an object is drug paraphernalia.
Recently proposed
legislation
None.
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61
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NEBRASKA
Statute(s) and initial
effective dates(s)
• N
EB
.
R
EV
.
S
TAT
.
A
NN
. § 28-431 (West 2021) (eff. 1977)
(forfeiture).
• NEB. REV. STAT. ANN. §§ 28-439 to 28-444 (West 2021) (eff.
1980) (criminalizes drug paraphernalia).
• NEB. REV. STAT. ANN. § 28-472 (West 2021) (eff. August 24,
2017) (overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
April 28, 2017 – Persons authorized to sell hypodermic needles
expanded to include pharmacist interns, pharmacy technicians,
and pharmacy clerks.
Does paraphernalia
include drug test strips or
other testing equipment?
No. The definition of drug paraphernalia contains no reference
to “testing, “analyzing,” or “testing equipment.”
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to use or to possess with intent to
use drug paraphernalia to make or ingest a controlled
substance in violation of the law. A violation is an infraction.
• It shall be unlawful for a person to deliver, possess with intent
to deliver, or manufacture with intent to deliver, drug
paraphernalia, knowing, or under circumstances in which one
reasonably should know, that it will be used to make or ingest
a controlled substance in violation of the law. A violation is a
Class II misdemeanor.
• Any person aged 18 or older who violates the prohibition
against delivering drug paraphernalia by delivering it to a
person under age 18 at least three (3) years younger commits a
Class I misdemeanor.
• It is unlawful for a person to advertise to promote the sale or
delivery of drug paraphernalia. A violation is a Class III
misdemeanor.
Is paraphernalia allowed
in any context?
• Drug paraphernalia does not include test strips or other testing
equipment.
• Person meeting the requirements for applicability of the
overdose assistance exception in NEB. REV. ANN. STAT.
§ 28-472 (West 2021) will not be in violation of the offense of
use or possession of drug paraphernalia.
• Prohibition against delivering or manufacturing drug
paraphernalia does not apply to pharmacists, pharmacist
interns, pharmacy technicians, and pharmacy clerks who sell
hypodermic syringes or needles for the prevention of the
spread of infectious diseases.
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NEBRASKA
Forfeiture
Drug paraphernalia is subject to forfeiture.
Other provisions of note
N
EB
.
R
EV
.
S
TAT
.
A
NN
.
§ 28-440 (West 2021) contains a list of
factors that a court or other authority must consider in
determining if an object is drug paraphernalia.
Recently proposed
legislation
None.
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63
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NEVADA
Statute(s) and initial
effective dates(s)
• N
EV
.
R
EV
.
S
TAT
.
A
NN
. §§ 453.554 to 453.566 (West 2021)
(eff. 1981) (criminalizes drug paraphernalia).
• NEV. REV. STAT. ANN. § 453.301 (West 2021) (eff. 1971)
(forfeiture).
• NEV. REV. STAT. ANN. § 453C.150 (West 2021) (eff. October
1, 2015) (overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• July 1, 2013 – Hypodermic syringe, needle or other similar
instrument removed from definition of drug paraphernalia. In
addition, references to “inject” in definition removed.
• May 28, 2021 – “Testing products” expressly removed from
definition of drug paraphernalia.
Does paraphernalia
include drug test strips or
other testing equipment?
No. The definition of drug paraphernalia expressly excludes
“testing products,” which are defined as “a product, including,
without limitation, a fentanyl test strip, that analyzes a controlled
substance for the presence of adulterants.”
Does paraphernalia
include needles/syringes?
No. The definition of drug paraphernalia expressly excludes
“any type of hypodermic syringe, needle, instrument, device or
implement intended or capable of being adapted for the purpose
of administering drugs by subcutaneous, intramuscular or
intravenous injection.”
Penalties for
possession/use of
paraphernalia
• It is unlawful to use, or possess with intent to use, drug
paraphernalia to make or ingest a controlled substance. A
violation is a misdemeanor.
• It is unlawful to deliver or sell, possesses with the intent to
deliver or sell, or manufacture with the intent to deliver or sell
any drug paraphernalia, knowing, or under circumstances
where one reasonably should know, that it will be used to
make or ingest controlled substance. A violation is a Category
E felony.
• It is unlawful to advertise knowing, or under circumstances
where one reasonably should know, that the purpose of the
advertisement, is to promote the sale of objects designed use as
drug paraphernalia. A violation is a misdemeanor.
• A person aged 18 years or older who violates the law by
delivering drug paraphernalia to a person under age 18 and at
least three (3) years younger is guilty of a Category C felony.
The court may order such person to pay restitution for any
reasonable costs incurred for the participation of the person to
whom he or she delivered the paraphernalia in a program for
the treatment of substance use disorder.
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NEVADA
Is paraphernalia allowed
in any context?
• Drug paraphernalia does not include hypodermic
needles/syringes or testing products.
• Person meeting the requirements for applicability of the
overdose assistance exception in NEV. REV. STAT. ANN.
§ 453C.150 (West 2021) may not be arrested, charged,
prosecuted, or convicted, or have his or her property subjected
to forfeiture, for a drug paraphernalia violation.
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
• N
EV
.
R
EV
.
S
TAT
.
A
NN
.
§
453.556
(West 2021) contains a list of
factors that a court or other authority must consider when
determining whether an object is drug paraphernalia.
• Pursuant to NEV. REV. STAT. ANN. § 453.558 (West 2021), the
district attorney or city attorney of any county or city,
respectively, in which there is drug paraphernalia, may file a
complaint in the district court seeking to enjoin the possessor
and owner of the drug paraphernalia from delivering or selling,
or possessing with intent to deliver or sell, any drug
paraphernalia.
Recently proposed
legislation
None, other than legislation enacted in 2021.
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NEW HAMPSHIRE
Statute(s) and initial
effective dates(s)
• N.H.
R
EV
.
S
TAT
.
A
NN
. § 318-B:1 (2021) (eff. 1969)
(definition).
• N.H. REV. STAT. ANN. § 318-B:2 (2021) (eff. 1969)
(criminalizes drug paraphernalia).
• N.H. REV. STAT. ANN. § 318-B:26 (2021) (eff. 1969)
(criminalizes manufacturing drug paraphernalia).
Substantive
amendment(s) to law(s)
(non-marijuana related)
January 1, 2001 – “Injecting” removed from definition of “drug
paraphernalia” and “inject” removed from criminal penalty
provision.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
No. Definition of drug paraphernalia contains no reference to
“injecting” a controlled substance.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver, drug
paraphernalia, knowing that it will be used to make or ingest a
controlled substance.
• It is unlawful for any person, at retail, to sell or offer for sale
any drug paraphernalia.
• A person is guilty of a misdemeanor who manufactures with
the intent to deliver, delivers, or possesses with the intent to
deliver any drug paraphernalia when such paraphernalia is
knowingly manufactured, delivered, or possessed in violation
of the law.
Is paraphernalia allowed
in any context?
“Drug paraphernalia” does not include syringes/needles, nor do
the criminal penalty provisions reference injection.
Forfeiture
New Hampshire law does not expressly address forfeiture of
drug paraphernalia.
Other provisions of note
N.H.
R
EV
.
S
TAT
.
A
NN
. § 318-B:2(IV) (West 2021) contains a list
of factors that a court or other authority should consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
H.B. 1392, 167
th
Sess. of Gen. Court, 2
nd
Year (N.H. 2022)
(deemed inexpedient to legislate in House committee). This bill
reduces the penalties for nonviolent drug offenses and eliminates
the prohibitions and penalties for the possession, use, or sale of
drug paraphernalia.
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NEW JERSEY
Statute(s) and initial
effective dates(s)
• N.J.
S
TAT
.
A
NN
. §§ 2C:36-1 to 36-10 (West 2021) (eff. 1987)
(criminalizes drug paraphernalia; syringe services program
exception).
• N.J. STAT. ANN. §§ 2C:35-30 to 25-31 (West 2021) (overdose
assistance exception) (eff. May 2, 2013).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• December 19, 2006 – Exception for participants in syringe
services program added.
• January 29, 2007 – Additional examples of objects qualifying
as drug paraphernalia added to definition
• January 18, 2022 – Repealed N.J. STAT. ANN. § 2C:36-6 (West
2021), resulting in the repeal of crime of possession of a
hypodermic needle/syringe without a prescription.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is a disorderly persons offense to use, or possess with intent
to use, drug paraphernalia to make or ingest a controlled
dangerous substance.
• The following offenses are crimes of the fourth degree:
o Distributing or dispensing, or possessing with intent to
distribute or dispense, or manufacturing with intent to
distribute or dispense, drug paraphernalia, knowing that it
will be used in connection with a controlled dangerous
substance; and
o Advertising, when knowing, or under circumstances where
one reasonably should know, that the purpose of the
advertisement is to promote the sale of objects designed to
be used as drug paraphernalia
• It is a crime of the third degree to commit the offense against
distributing or dispensing drug paraphernalia to a person under
age 18.
• It is a petty disorderly persons offense for a person to discard a
hypodermic needle or syringe in a place accessible to others
without destroying it.
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NEW JERSEY
Is paraphernalia allowed
in any context?
• As of January 18, 2022, a consumer does not need a
prescription to purchase a hypodermic needle/syringe.
• It is not unlawful for a consumer who participates in, or an
employee or volunteer of, a syringe services program to
possess a hypodermic needle or syringe.
• Person meeting the requirements for applicability of the
overdose assistance exception in N.J. STAT. ANN. §§ 2C:35-30
to 25-31 (West 2021) may not be arrested, charged,
prosecuted, or convicted for a drug paraphernalia or possession
of hypodermic needle/syringe offense.
Forfeiture
Any drug paraphernalia, hypodermic syringe, or needle seized in
violation of state law is subject to forfeiture.
Other provisions of note
N.J.
S
TAT
.
A
NN
. § 2C:36-1(b) (West 2021) contains a list of
factors that a trier of fact may consider when determining
whether an object is drug paraphernalia.
Recently proposed
legislation
A. 5458, 219th Leg., 2nd Ann. Sess. (N.J. 2021) (replaced by
S.B. 3493); and S.B. 3493, 219th Leg., 2nd Ann. Sess. (N.J.
2021) (signed by Governor on January 18, 2022). The bills
repeal N.J. STAT. ANN. § 2C:36-6 (West 2021). In a prior version
(but not the version enacted), these bills would also exempt
fentanyl test strips from the definition of “drug paraphernalia.”
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68
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NEW MEXICO
Statute(s) and initial
effective dates(s)
• N.M.
S
TAT
.
A
NN
. § 30-31-2 (West 2021) (eff. 1972)
(definition).
• N.M. STAT. ANN. § 30-31-25.1 (West 2021) (eff. 1981)
(criminalizes drug paraphernalia; exceptions).
• N.M. STAT. ANN. § 30-31-27.1 (West 2021) (eff. June 15,
2007) (overdose assistance exception).
• N.M. STAT. ANN. § 30-31-34 (West 2021) (eff. 1972)
(forfeiture).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• 1997 – Provision added that criminal penalties do not apply to
a person in possession of hypodermic syringes or needles
when he/she is directly and immediately engaged in a harm
reduction program.
• July 1, 2019 – Penalty provisions lessened and overdose
assistance exception for drug paraphernalia crimes added.
• May 18, 2022 – Exception for use or possession of testing
equipment added to criminal penalty provisions.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for a person to use or possess with intent to use
drug paraphernalia to make or ingest a controlled substance. A
violation is a penalty subject to a $50 fine.
• It is unlawful for a person to deliver, possess with intent to
deliver, or manufacture with the intent to deliver drug
paraphernalia with knowledge, or under circumstances where
one reasonably should know, that it will be used to make or
ingest a controlled substance. A violation is a misdemeanor.
• A person aged 18 or older who violates the prohibition against
delivering drug paraphernalia by delivering it to a person
under age 18 at least three (3) years younger is guilty of a
fourth-degree felony.
Is paraphernalia allowed
in any context?
• As of May 18, 2022, criminal penalties for the use or
possession of drug paraphernalia do not apply to:
o Supplies or devices used for the testing of controlled
substances or controlled substance analogs for dangerous
adulterants;
o Hypodermic syringes or needles for the purpose of
participation in or administration of the Harm Reduction
Act; or
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69
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NEW MEXICO
Is paraphernalia allowed
in any context?
(continued)
o Supplies or devices obtained pursuant to the Harm
Reduction Act.
• Criminal penalties for the delivery of drug paraphernalia do
not apply to:
o Department of Health employees or their designees while
directly and immediately engaged in activities related to
the harm reduction program authorized by the Harm
Reduction Act; or
o The sale or distribution of hypodermic syringes and
needles by pharmacists licensed pursuant to the Pharmacy
Act.
• Person meeting the requirements for applicability of the
overdose assistance exception in N.M. STAT. ANN. § 30-31-
27.1 (WEST 2021) may not be arrested, charged, prosecuted, or
otherwise penalized or have his or her property subjected to
forfeiture, for a drug paraphernalia violation.
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
• As of May 18, 2022, N.M.
S
TAT
.
A
NN
. § 24-2C-5 (West 2021)
provides that a harm reduction program shall provide
participants with sterile needles and syringes as well as
“supplies or devices used for testing controlled substances or
controlled substance analogs for potentially dangerous
adulterants.”
• N.M. STAT. ANN. § 30-31-2(T)(12) (West 2021) contains a list
of factors that a court or other authority should consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
S.B. 255, 55th Leg., 1st Reg. Sess. (N.M. 2021) (died when
legislature adjourned). This bill would exclude supplies provided
by a harm reduction program and used for safe consumption of
controlled substances from unlawful paraphernalia.
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70
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NEW YORK
Statute(s) and initial
effective dates(s)
• N.Y.
G
EN
.
B
US
.
§§ 850 to 853 (McKinney 2021) (eff. July 30,
1980) (criminalizes drug-related paraphernalia).
• N.Y. PENAL LAW §§ 220.50 to 220.55 (McKinney 2021) (eff.
1971) (criminalizes drug paraphernalia).
• N.Y. PENAL LAW § 220.78 (McKinney 2021) (eff. September
18, 2011) (overdose assistance exception).
• N.Y. PUB. HEALTH LAW § 3381 (McKinney 2021) (eff. 1972)
(sale and possession of hypodermic syringes and needles).
Substantive
amendment(s) to law(s)
(non-marijuana related)
October 7, 2021 – Amendment removed the following:
• References to hypodermic needles and syringes in the drug-
related paraphernalia definition;
• Provision criminalizing possession of needles/syringes and
providing a syringe services program exception;
• Provision limiting the number of syringes a pharmacy or
health care practitioner can prescribe; and
• Provision making it unlawful for a person to obtain or possess
hypodermic syringes or needles without authorization or
prescription.
Does paraphernalia
include drug test strips or
other testing equipment?
No. The definition of drug-related paraphernalia contains no
reference to “testing, “analyzing,” or “testing equipment.”
Does paraphernalia
include needles/syringes?
No. Drug-related paraphernalia does “not include hypodermic
needles, hypodermic syringes and other objects used for the
purpose of parenterally injecting controlled substances into the
human body.”
Penalties for
possession/use of
paraphernalia
• It is a violation for a person, firm, or corporation to possess
with intent to sell, offer for sale, or purchase drug-related
paraphernalia under circumstances evidencing that it will be
used to violate the law.
• It is a Class A misdemeanor for a person, firm, or corporation
to manufacture drug-related paraphernalia intending, or under
circumstances evincing knowledge, that such paraphernalia is
to be used to violate the law.
• Municipalities may revoke a business license or permit of a
person, firm, or corporation who sells or offers for sale drug
paraphernalia.
• Actions constituting criminally using drug paraphernalia in the
first or second degree do not encompass use or possession of
needles, syringes, or testing equipment.
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71
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NEW YORK
Is paraphernalia allowed
in any context?
• Only in the following circumstances may a person sell or
furnish another person with a hypodermic needle/syringe:
o Pursuant to a prescription of a practitioner;
o To persons who have been authorized by the
Commissioner of Health to obtain and possess such
instruments; or
o By a pharmacy, health care facility, or a health care
practitioner who is otherwise authorized to prescribe the
use of hypodermic needles or syringes within his or her
scope of practice, provided that such sale or furnishing
only be to a person aged 18 or older.
• Commissioner of Health, by regulation, designates persons or
classes of persons who may obtain hypodermic syringes and
needles without prescription and the way such transactions
may take place.
• Person meeting the requirements for applicability of the
overdose assistance exception in N.Y. PENAL LAW § 220.78
(McKinney 2021) may not be charged or prosecuted for a
violation of the prohibition against possession and sale of
drug-related paraphernalia.
Forfeiture
The possession with intent to sell or offering for sale of drug-
related paraphernalia is a nuisance and such paraphernalia is
subject to surrender and forfeiture.
Other provisions of note
Pursuant to N.Y.
G
EN
.
B
US
.
§ 850 to 853 (McKinney 2021)
(West 2021), the attorney general or any state or local health
officer, town, village or city attorney, or the chief executive
officer of a municipality may institute an action in a court of
competent jurisdiction to enjoin the delivering or selling, or
possessing with intent to deliver or sell, any drug paraphernalia.
Recently proposed
legislation
None, other than legislation enacted in 2021.
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NORTH CAROLINA
Statute(s) and initial
effective dates(s)
• N.C.
G
EN
.
S
TAT
.
A
NN
.
§
90-96.2
(West 2021) (eff. April 9,
2013) (overdose assistance exception).
• N.C. GEN. STAT. ANN. §§ 90-113.20 to 113.29 (West 2021)
(eff. 1981) (criminalizes drug paraphernalia; exceptions).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• December 1, 2013 – Provision added that grants immunity to a
person for possession of drug paraphernalia if the person alerts
a police officer of the presence of a needle or sharp object.
• July 11, 2016 – Syringe exchange program authorization
added.
• July 22, 2019 – Provision allowing use or possession of testing
equipment added; restriction on use of state funds to purchase
needles or syringes removed.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to knowingly use, or to possess
with intent to use, drug paraphernalia in conjunction with a
controlled substance other than marijuana that is unlawful to
possess. A violation is a Class 1 misdemeanor.
• It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver, drug
paraphernalia knowing that it will be used in conjunction with
a controlled substance to violate state law. A violation is a
Class 1 misdemeanor.
• Delivery of drug paraphernalia by a person over 18 years of
age to someone under 18 years of age who is at least three (3)
years younger is a Class I felony.
• It is unlawful for any person to advertise to promote the sale of
objects designed or intended for use as drug paraphernalia. A
violation is a Class 2 misdemeanor.
Is paraphernalia allowed
in any context?
• It is not unlawful for a person to knowingly use, or to possess
with intent to use, testing equipment for identifying or
analyzing the strength, effectiveness, or purity of a controlled
substance.
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NORTH CAROLINA
Is paraphernalia allowed
in any context?
(continued)
• It is not unlawful for a governmental or nongovernmental
organization that promotes scientifically proven ways of
mitigating health risks associated with drug use and other
high-risk behaviors to possess or distribute testing equipment
to a person who intends to ingest a controlled substance.
• Prior to searching a person, a person’s premises, or a person’s
vehicle, a law enforcement officer may ask the person whether
the person (or the premises/vehicle) has (contains) a needle or
syringe that may cut or puncture the officer. If the person so
alerts the officer prior to the search, the person shall not be
charged with or prosecuted for possession of drug
paraphernalia for the needle or sharp object, or for residual
amounts of a controlled substance contained in the needle or
sharp object.
• No employee, volunteer, or participant of a syringe services
program may be charged with or prosecuted for possession of
needles, hypodermic syringes, or other injection supplies
obtained from or returned to a program.
• A person meeting the requirements for applicability of the
overdose assistance exception in N.C. GEN. STAT. ANN.
§ 90-96.2 (West 2021) may not be prosecuted for the
possession of drug paraphernalia.
Forfeiture
North Carolina law does not expressly address forfeiture of drug
paraphernalia.
Other provisions of note
N.C.
G
EN
.
S
TAT
.
A
NN
. § 90-113.21(b) (West 2021) contains a
list of factors that may be considered when determining whether
an object is drug paraphernalia.
Recently proposed
legislation
None.
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74
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NORTH DAKOTA
Statute(s) and initial
effective dates(s)
• N.D.
C
ENT
.
C
ODE
A
NN
.
§
19-03.1-23.4
(West 2021) (eff. Aug.
1, 2015) (overdose assistance exception).
• N.D. CENT. CODE ANN. § 19-03.1-36 (West 2021) (eff. 1971)
(forfeiture).
• N.D. CENT. CODE ANN. §§ 19-03.4-01 to ugh § 19-03.4-08
(West 2021) (eff. 2001) (criminalizes drug paraphernalia).
• N.D. CENT. CODE ANN. § 23-01-44 (West 2021) (eff. 2017)
(syringe services program exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• August 1, 2017 – Whether or not a needle or syringe was
collected during the operation of a needle exchange program to
aid in the prevention of bloodborne disease was added as a
factor for determining if an object is drug paraphernalia.
• August 1, 2019 – Treatment program provision added.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for a person to use or possess with the intent to
use drug paraphernalia to make or ingest a controlled
substance, other than marijuana or tetrahydrocannabinol,
classified in Schedule I, II, or III. A first violation is a Class A
misdemeanor. A subsequent violation is a Class C felony.
• The following violations are Class C felonies with respect to
Schedule I-III drugs other than marijuana:
o Using or possessing with intent to use drug paraphernalia
to grow, manufacture, store, or conceal a controlled
substance;
o Delivering, possessing with intent to deliver, or
manufacturing with intent to deliver drug paraphernalia, if
that person knows or should reasonably know that the drug
paraphernalia will be used in conjunction with a controlled
substance; and
o Violating the prohibition against delivering drug
paraphernalia by a person aged 18 years or older who
delivers drug paraphernalia to a person under 18 years of
age who is at least three (3) years younger.
• It is unlawful for any person to advertise to promote the sale of
objects designed or intended for use as drug paraphernalia. A
violation is a Class A misdemeanor.
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NORTH DAKOTA
Is paraphernalia allowed
in any context?
• Person meeting the requirements for applicability of the
overdose assistance exception in N.D. CENT. CODE ANN. § 19-
03.1-23.4 is immune from criminal prosecution for possession
of drug paraphernalia.
• Syringes, needles, and supplies collected by an individual
pursuant to N.D. CENT. CODE ANN. § 23-01-44 (West 2021)
authorizing syringe services programs are not considered drug
paraphernalia.
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
• N.D.
C
ENT
.
C
ODE
A
NN
. § 19-03.4-02 (West 2021) contains a
list of factors that a court or other authority must consider
when determining whether an object is drug paraphernalia.
• A person sentenced to the legal and physical custody of the
Department of Corrections (Department) and rehabilitation for
violating the prohibition against possessing drug paraphernalia
may be placed in a drug and alcohol treatment program as
designated by the Department.
• Pursuant to N.D. CENT. CODE ANN. § 19-03.4-07 (West 2021),
possession of more than 24 grams of a methamphetamine
precursor drug or combination of methamphetamine precursor
drugs is prima facie evidence of intent to violate sections drug
paraphernalia laws.
Recently proposed
legislation
None.
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OHIO
Statute(s) and initial
effective dates(s)
• O
HIO
R
EV
.
C
ODE
A
NN
. § 2925.14 (West 2021) (eff. 1989)
(criminalizes drug paraphernalia).
• OHIO REV. CODE ANN. § 3707.57 (West 2021) (September 29,
2015) (syringe services program exception).
• OHIO REV. CODE ANN. § 3719.172 (West 2021) (eff. 1972)
(possession, sale, and disposal of hypodermics).
Substantive
amendment(s) to law(s)
(non-marijuana related)
None.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for a person to knowingly use, or possess with
purpose to use, drug paraphernalia. A violation is a
misdemeanor of the fourth degree.
• It is unlawful for a person to knowingly sell, or possess or
manufacture with purpose to sell, drug paraphernalia, if the
person knows or reasonably should know that the equipment,
product, or material will be used as drug paraphernalia. A
violation is a misdemeanor of the second degree.
• Selling drug paraphernalia to a juvenile is a misdemeanor of
the first degree.
• It is unlawful for any person to advertise to promote the sale of
objects designed or intended for use as drug paraphernalia. A
violation is a misdemeanor of the second degree.
Is paraphernalia allowed
in any context?
• If carrying out a duty under a component of a syringe services
program under OHIO REV. CODE ANN. § 3707.57 (West 2021)
would violate the prohibition against possessing drug
paraphernalia, an employee or volunteer of the program is not
subject to criminal prosecution for the violation.
• OHIO REV. CODE ANN. § 3719.172 (West 2021) provides a list
of individuals authorized to possess a hypodermic needle. This
includes, among others: (1) a person authorized to administer
injections, in the regular course of the person’s profession or
employment; and (2) a person, when the hypodermic was
lawfully obtained and is kept and used for the purpose of self-
administration of insulin or other drug prescribed for the
treatment of disease by a licensed health professional
authorized to prescribe drugs.
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OHIO
Is paraphernalia allowed
in any context?
(continued)
• O
HIO
R
EV
.
C
ODE
A
NN
.
§
3719.172
(West 2021) provides a list
of individuals authorized to sell or furnish a hypodermic
needle to another person, which includes a person under the
direct supervision of a pharmacist.
Forfeiture
Any drug paraphernalia used, possessed, sold, or manufactured
in a violation of the law shall be seized, after a conviction for
that violation shall be forfeited, and upon forfeiture shall be
disposed of.
Other provisions of note
• O
HIO
R
EV
.
C
ODE
A
NN
. § 2925.14(B) (West 2021) contains a
list of factors that a court or a member of law enforcement
must consider when determining whether an object is drug
paraphernalia.
• In addition to any other sanction imposed upon an offender for
a violation of drug paraphernalia laws, the court may suspend
for not more than five (5) years the offender’s driver’s or
commercial driver’s license or permit.
Recently proposed
legislation
• S.B. 296, 134th Gen. Assemb., Reg. Sess. (Ohio 2022)
(pending in Senate committee). Among other things, this bill
would allow a person to provide, administer, or utilize narcotic
testing products or equipment, including fentanyl test strips,
for purposes of determining whether toxic or hazardous
chemicals, compounds, or other substances are present.
• H.B. 456, 134th Gen. Assemb., Reg. Sess. (Ohio 2021)
(pending in House committee). This bill would decriminalize
the possession and use of fentanyl test strips.
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OKLAHOMA
Statute(s) and initial
effective dates(s)
• O
KLA
.
S
TAT
.
A
NN
. tit. 63, § 2-101 (West 2021) (eff. 1971)
(definition).
• OKLA. STAT. ANN. tit. 63, § 2-101.1 (West 2021) (eff. 1981)
(determination of drug paraphernalia).
• OKLA. STAT. ANN. tit. 63, § 2-405 (West 2021) (eff. 1971)
(criminalizes drug paraphernalia).
• OKLA. STAT. ANN. tit. 63, § 2-413.1 (West 2021) (eff.
November 1, 2018) (overdose assistance exception).
• OKLA. STAT. ANN. tit. 63, § 2-503 (West 2021) (eff. 1987)
(forfeiture).
• OKLA. STAT. ANN. tit. 63, § 2-1101 (West 2021) (eff. April 20,
2021) (harm reduction services).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• November 1, 2004 – Provisions added to criminalize the sale
of drug paraphernalia and expand punishments for subsequent
violations of drug paraphernalia offenses.
• April 20, 2021 – Hypodermic syringes and needles used or
distributed through harm reduction services removed from: (1)
the definition of “drug paraphernalia”; and (2) consideration
for determining drug paraphernalia.
• November 1, 2021 – Harm reduction services exception to
definition of “drug paraphernalia” removed.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for a person to use drug paraphernalia to make or
ingest a controlled dangerous substance in violation of state
law.
• It is unlawful for a person to deliver, sell, possess, or
manufacture drug paraphernalia knowing, or under
circumstances where one reasonably should know, that it will
be used to make or ingest a controlled substance in violation of
state law.
• Violating either of the provisions above is a misdemeanor
punishable as follows:
o For a first offense, imprisonment in the county jail for up
to one (1) year, a fine of up to $1,000 or both;
o For a second offense, imprisonment in the county jail for
up to one (1) year, a fine of up to $5,000, or both; and
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OKLAHOMA
Penalties for
possession/use of
paraphernalia
(continued)
o For a third or subsequent offense, imprisonment in the
county jail for up to one (1) year, a fine of up to $10,000,
or both.
• Any person aged 18 or older who violates the provision against
selling or delivering drug paraphernalia by delivering or
selling it to a person under age 18 is guilty of a felony.
Is paraphernalia allowed
in any context?
• A person meeting the requirements for applicability of the
overdose assistance exception in OKLA. STAT. ANN. tit. 63,
§ 2-413.1 (West 2021) is immune from criminal prosecution
for the offense of possession of drug paraphernalia.
• Pursuant to OKLA. STAT. ANN. tit. 63, § 2-1101 (West 2021),
certain entities may engage in “harm reduction services,”
which includes collecting used hypodermic needles for safe
disposal and possessing and distributing hypodermic needles,
cleaning kits, test kits, and opioid antagonists.
• Individuals holding an unrevoked license in the professions of
podiatry, dentistry, medicine, nursing, optometry, osteopathy,
veterinary medicine, or pharmacy are not subject to violations
for possession of drug paraphernalia.
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
• Any person convicted of a drug paraphernalia offense must, in
addition to any fine imposed, pay a special assessment trauma-
care fee of $100, to be deposited into the Oklahoma Trauma
Care Assistance Revolving Fund.
• OKLA. STAT. ANN. tit. 63, § 2-101.1 (West 2021) contains a
list of factors that a court or jury must consider when
determining whether an object is drug paraphernalia. These
factors, however, do not apply to objects in the possession of
harm-reduction services providers.
Recently proposed
legislation
None, other than legislation enacted in 2021.
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OREGON
Statute(s) and initial
effective dates(s)
• O
R
.
R
EV
.
S
TAT
.
A
NN
. §§ 475.525 to 475.565 (West 2021) (eff.
1989) (criminalizes drug paraphernalia; exceptions).
• OR. REV. STAT. ANN. § 475.898 (West 2021) (eff. January 1,
2016) (overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
None.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
No. Oregon law expressly provides that the definition of “drug
paraphernalia” does not include hypodermic syringes or needles.
Penalties for
possession/use of
paraphernalia
It is unlawful for any person to sell or deliver, possess with
intent to sell, or deliver or manufacture with intent to sell or
deliver drug paraphernalia, knowing that it will be used in
conjunction with a controlled substance. In addition to any other
penalty provided by law, a violator shall incur a civil penalty
between $2,000 and $10,000.
Is paraphernalia allowed
in any context?
• Hypodermic syringes or needles are not drug paraphernalia.
• It appears that use or possession of drug paraphernalia, without
the intent to sell, is allowed.
• A person meeting the requirements for applicability of the
overdose assistance exception in OR. REV. STAT. ANN.
§ 475.898 (West 2021) is immune from arrest or prosecution
for the offense of unlawful possession of drug paraphernalia
with the intent to sell or deliver.
Forfeiture
Drug paraphernalia may be seized. Additionally, at trial, the
court may order any item determined to be drug paraphernalia to
be forfeited.
Other provisions of note
• O
R
.
R
EV
.
S
TAT
.
A
NN
. § 475.525(5)(b) (West 2021) contains a
list of factors that the trier of fact must consider when
determining whether an object is drug paraphernalia.
• Amounts collected from violators shall be deposited in the
General Fund to the credit of the Oregon Health Authority.
The moneys shall be used for the development and
implementation of substance use disorder prevention activities
and adolescent treatment.
Recently proposed
legislation
None.
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PENNSYLVANIA
Statute(s) and initial
effective dates(s)
• 35 P
A
.
S
TAT
.
AND
C
ONS
.
S
TAT
.
A
NN
. § 780-102 (West 2021)
(eff. 1972) (definition).
• 35 PA. STAT. AND CONS. STAT. ANN. § 780-113 (West 2021)
(eff. 1972) (criminalizes drug paraphernalia).
• 35 PA. STAT. AND CONS. STAT. § 780-113.7 (West 2021) (eff.
December 1, 2014) (overdose assistance exception).
• 35 PA. STAT. AND CONS. STAT § 780-141.1 (West 2021) (eff.
1972) (local ordinances).
• 42 PA. STAT. AND CONS. STAT. ANN. § 5802 (West 2021) (eff.
1988) (forfeiture).
Substantive
amendment(s) to law(s)
(non-marijuana related)
None.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• Each of these violations is a misdemeanor subject to a fine of
up to $2,500, imprisonment for up to one (1) year, or both:
o Using or possessing with the intent to use, drug
paraphernalia to make or ingest a controlled substance;
o Delivering, possessing with intent to deliver, or
manufacturing with intent to deliver drug paraphernalia,
knowing, or under circumstances where one reasonably
should know, that it would be used to make or ingest a
controlled substance; and
o Advertising to promote the sale of objects designed or
intended for use as drug paraphernalia.
• Any person who violates the prohibition against delivering
drug paraphernalia by delivering it to a person under age 18 at
least three (3) years younger is guilty of a misdemeanor of the
second degree, subject to a fine of up to $5,000, imprisonment
up to two (2) years, or both.
Is paraphernalia allowed
in any context?
A person meeting the requirements for applicability of the
overdose assistance exception in 35 PA. STAT. AND CONS. STAT.
§ 780-113.7 (West 2021) will not be charged and will be
immune from prosecution for (1) use of, or possession with
intent to use, drug paraphernalia; and (2) delivery of, possession
with intent to deliver, or manufacture with intent to deliver, drug
paraphernalia.
Forfeiture
All drug paraphernalia is subject to forfeiture.
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82
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PENNSYLVANIA
Other provisions of note
• 35 P
A
.
S
TAT
.
AND
C
ONS
.
S
TAT
.
A
NN
. § 780-102 (West 2021)
contains a list of factors that a court or other authority should
consider when determining whether an object is drug
paraphernalia.
• 35 PA. STAT. AND CONS. STAT § 780-141.1 (West 2021)
expressly allows localities to enact “consistent” local
ordinances addressing drug paraphernalia.
Recently proposed
legislation
• H.B. 2264, 206th Gen. Assemb., 2022 Sess. (Pa. 2022) and
S.B. 926, 205th Gen. Assemb, 2021-22 Sess. (Pa. 2021)
(pending in House/Senate committees). This bill would
exempt the following from the definition of drug
paraphernalia: (1) a syringe, needle, or other object used to
reduce the risk of disease transmission or other harm, provided
by a public or private entity, volunteer or health care provider
through a syringe services program to a participant in the
syringe services program; (2) a syringe, needle, or other object
used to reduce the risk of disease transmission or other harm,
provided by a pharmacist in accordance with the rules and
regulations of the State Board of Pharmacy; and (3) a syringe,
needle, or other object that is used to reduce the risk of disease
transmission or other harm and distributed to an individual in
the usual course of business by a health care provider
otherwise authorized to distribute the item. This bill also
prohibits any person from being prosecuted for a residual
amount of a controlled substance contained in a used syringe,
needle, or other object which is excluded from the definition of
“drug paraphernalia.”
• H.B. 1393, 205
th
Gen. Assemb., 2021-2022 Reg. Sess. (Pa.
2021) and S.B. 845, 205
th
Gen. Assemb., 2021-2022 Reg.
Sess. (Pa. 2021) (pending in House/Senate committees). These
bills would exclude “fentanyl test strips for personal use” from
the definition of drug paraphernalia.
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RHODE ISLAND
Statute(s) and initial
effective dates(s)
• R.I.
G
EN
.
L
AWS
A
NN
. §§ 21-28.5-1 to 28.5-4 (West 2021) (eff.
1982) (criminalizes drug paraphernalia).
• R.I. GEN. LAWS. § 21-28.9-3.1 (West 2021) (eff. July 2, 2018)
(narcotic testing products).
• R.I. GEN. LAWS. § 21-28.9-4 (West 2021) (eff. Jan. 27, 2016)
(overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• September 1, 2000 – Hypodermic syringes, needles, and other
objects intended or designed for the use in parenterally
injecting controlled substances into the human body were
removed from the definition of drug paraphernalia.
• July 2, 2018 – Provision addressing narcotic testing strips
added.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
No. There is no mention of injecting, needles, or syringes in the
definition of drug paraphernalia.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to deliver, sell, possess with
intent to deliver or sell, or manufacture with intent to deliver
or sell drug paraphernalia, knowing that it will be used to
make or ingest a controlled substance. A violation is subject to
a fine up to $5,000, imprisonment up to two (2) years, or both.
• Any person aged 18 or older who violates the prohibition
against delivering drug paraphernalia by delivering it to a
person under age 18 is subject to a fine up to $5,000,
imprisonment up to five (5) years, or both.
Is paraphernalia allowed
in any context?
• Possession of drug paraphernalia—without the intent to deliver
or sell it—is not a crime.
• A person may provide, administer, or utilize a narcotic testing
product to assist another person in determining whether a
narcotic or substance contains chemicals, toxic substances, or
hazardous compounds. Such person is not subject to civil
liability or criminal prosecution because of that action.
• A person meeting the requirements for applicability of the
overdose assistance exception in R.I. GEN. LAWS § 21-28.9-4
(West 2021) will not be charged or prosecuted for any crime
related to the possession of drug paraphernalia.
Forfeiture
Rhode Island law does not expressly address forfeiture of drug
paraphernalia, although the language of R.I. GEN. LAWS ANN.
§ 21-28-5.04 (West 2021) (“forfeiture of property and money”)
suggests that it can be subject to forfeiture.
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RHODE ISLAND
Other provisions of note
R.I.
G
EN
.
L
AWS
A
NN
. § 21-28.5-1(b) (West 2021) contains a list
of factors that a court or other authority may consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
S.B. 797, 2021 Leg. Sess. (R.I. 2021) (held for further study).
The bill proposes to expand the overdose assistance immunity to
individuals who seek assistance for medical emergencies
unrelated to an alcohol or drug overdose.
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SOUTH CAROLINA
Statute(s) and initial
effective dates(s)
• S.C.
C
ODE
A
NN
. § 44-53-110 (West 2021) (eff. 1962)
(definition).
• S.C. CODE ANN. § 44-53-391 (West 2021) (eff. 1982)
(criminalizes drug paraphernalia).
• S.C. CODE ANN. § 44-53-520 (West 2021) (eff. 1962)
(forfeiture).
• S.C. CODE ANN. §§ 44-53-1910 to 53-1970 (West 2021) (eff.
June 10, 2017) (overdose assistance exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
None.
Does paraphernalia
include drug test strips or
other testing equipment?
No. The definition of drug paraphernalia contains no reference
to “testing, “analyzing,” or “testing equipment.”
Does paraphernalia
include needles/syringes?
No. There is no mention of injecting, needles, or syringes in the
definition of drug paraphernalia.
Penalties for
possession/use of
paraphernalia
It is unlawful for a person to advertise for sale, manufacture,
possession, or delivery, or to possess with the intent to deliver,
or sell paraphernalia. A violation (by a person) is subject to a
civil fine of not more than $500.
Is paraphernalia allowed
in any context?
Person meeting the requirements for applicability of the
overdose assistance exception in S.C. CODE ANN. §§ 44-53-1910
to 53-1970 (West 2021) will not be prosecuted for possessing,
selling, or distributing drug paraphernalia.
Forfeiture
South Carolina law does not expressly address forfeiture of drug
paraphernalia, although the language of S.C. CODE ANN. § 44-
53-520(a)(8) (West 2021) suggests that it can be subject to
forfeiture.
Other provisions of note
S.C.
C
ODE
A
NN
. § 44-53-391(b) contains a list of factors that a
court or other authority must consider when determining
whether an object is drug paraphernalia.
Recently proposed
legislation
None.
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SOUTH DAKOTA
Statute(s) and initial
effective dates(s)
S.D.
C
ODIFIED
L
AWS
§ 22-42A-1 to 22-42A-4 (West 2021) (eff.
1983) (criminalizes drug paraphernalia).
Substantive
amendment(s) to law(s)
(non-marijuana related)
February 24, 1998 – Penalty for delivering or manufacturing
drug paraphernalia enhanced.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes. Note, however, that although the definition of drug
paraphernalia includes equipment used for “testing” or
“analyzing” a controlled substance, the list of example
categories for paraphernalia does not include “testing equipment
for identifying, or analyzing the strength, effectiveness, or purity
of controlled substances.”
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is illegal to use or to possess with intent to use, drug
paraphernalia to make or ingest a controlled substance. A
violation is a Class 2 misdemeanor.
• It is illegal to possess with intent to deliver, or manufacture
with intent to deliver, drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it will
be used to make or ingest a controlled substance. A violation is
a Class 6 felony.
Is paraphernalia allowed
in any context?
No.
Forfeiture
South Dakota law does not expressly address forfeiture of drug
paraphernalia.
Other provisions of note
S.D.
C
ODIFIED
L
AWS
§ 22-42A-2 (West 2021) contains a list of
factors that a court or other authority must consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
None.
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TENNESSEE
Statute(s) and initial
effective dates(s)
• T
ENN
.
C
ODE
A
NN
. § 39-17-402 (West 2021) (eff. 1989)
(definition).
• TENN. CODE ANN. §§ 39-17-424 to 17-425 (West 2021) (eff.
1989) (criminalizes drug paraphernalia).
• TENN. CODE ANN. § 39-17-428 (West 2021) (eff. 1990) (fines
associated with violations).
• TENN. CODE ANN. § 40-7-124 (West 2021) (eff. July 1, 2015)
(disclosure of needles or sharp objects).
• TENN. CODE ANN. § 53-11-451 (West 2021) (eff. 1989)
(forfeiture).
• TENN. CODE. ANN. § 63-1-156 (West 2021) (eff. July 1, 2015)
(overdose assistance exception).
• TENN. CODE ANN. § 68-1-136 (West 2021) (eff. May 18, 2017)
(syringe services program exception).
Substantive
amendment(s) to law(s)
(non-marijuana related)
March 31, 2022 – Provision related to narcotic testing equipment
used to determine whether a controlled substance contains a
synthetic opioid added.
Does paraphernalia
include drug test strips or
other testing equipment?
Drug paraphernalia does not include “narcotic testing equipment
used to determine whether a controlled substance contains a
synthetic opioid.” All other testing equipment falls under the
drug paraphernalia definition.
Does paraphernalia
include needles/syringes?
Yes. However, although the definition of drug paraphernalia
includes equipment used for “injecting” a controlled substance
into the body, the definition does not reference needles or
syringes in the list of examples of drug paraphernalia.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to use, or to possess with intent to
use, drug paraphernalia to make or ingest a controlled
substance or controlled substance analogue. A violation is a
Class A misdemeanor.
• It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver, drug
paraphernalia, knowing, or under circumstances where one
reasonably should know, that it will be used to make or ingest
a controlled substance or controlled substance analogue. A
violation is a Class E felony.
• Any person aged 18 or older who violates the prohibition
against delivering drug paraphernalia by delivering it to a
person under age 18 at least three (3) years younger commits a
Class E felony.
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TENNESSEE
Penalties for
possession/use of
paraphernalia
(continued)
• It is unlawful for any person to advertise to promote the sale of
objects designed or intended for use as drug paraphernalia. A
violation is a Class A misdemeanor.
Is paraphernalia allowed
in any context?
• Until July 1, 2025, drug paraphernalia does not include
“narcotic testing equipment used to determine whether a
controlled substance contains a synthetic opioid” unless the
testing equipment is possessed for purposes of an offense of
manufacturing, delivering, selling or possessing a controlled
substance with intent to manufacture, deliver or sell the
controlled substance.
• Drug paraphernalia is allowed when used or possessed with
the intent to use by a person authorized to dispense, prescribe,
manufacture, or possess a controlled substance.
• Person meeting the requirements for applicability of the
overdose assistance exception in TENN. CODE. ANN. § 63-1-
156 (West 2021) will not be arrested, charged, or prosecuted
for the offense of possession of drug paraphernalia.
• Drug paraphernalia laws do not apply to an employee,
volunteer, or participant of a syringe services program
established pursuant to TENN. CODE ANN. § 68-1-136 (West
2021) with respect to possessing needles, hypodermic
syringes, or other injection supplies obtained from or returned
to a program.
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
• Prior to searching a person, a person’s premises, or a person’s
vehicle, a law enforcement officer may ask the person whether
the person (or the premises/vehicle) has (contains) a needle or
sharp object that may cut or puncture the officer. If the person
so alerts the officer prior to the search, the person shall not be
charged with or prosecuted for possession of drug
paraphernalia for the needle or sharp object. This exception
does not apply to any other drug paraphernalia that may be
present and found during the search.
• TENN. CODE ANN. § 39-17-424 (West 2021) contains a list of
factors that a court or other authority must consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
None, other than legislation enacted in 2022.
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TEXAS
Statute(s) and initial
effective dates(s)
• T
EX
.
H
EALTH
&
S
AFETY
C
ODE
A
NN
. § 481.002 (West 2021)
(eff. 1989) (definition).
• TEX. HEALTH & SAFETY CODE ANN. § 481.125 (West 2021)
(eff. 1989) (criminalizes drug paraphernalia; overdose
assistance exception).
• TEX. HEALTH & SAFETY CODE ANN. § 481.151 (West 2021)
(eff. 1991) (forfeiture).
• TEX. HEALTH & SAFETY CODE ANN. § 481.183 (West 2021)
(eff. 1989) (determination of drug paraphernalia).
Substantive
amendment(s) to law(s)
(non-marijuana related)
September 1, 2021 – Defense to prosecution for a violation of
possession of drug paraphernalia added for individuals who
provide request emergency medical assistance in response to the
possible overdose of another person.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful to knowingly or intentionally uses or possesses
with intent to use drug paraphernalia to make or ingest a
controlled substance. A violation is a Class C misdemeanor.
• It is unlawful for a person to knowingly or intentionally
deliver, possess with intent to deliver, or manufacture with
intent to deliver drug paraphernalia knowing that the person
who receives or who is intended to receive the drug
paraphernalia intends to use it to make or ingest a controlled
substance. A first violation is a Class C misdemeanor. A
second or subsequent violation is punishable by confinement
in jail for a term of not more than one (1) year or less than 90
days.
• A person violating the prohibition against delivering drug
paraphernalia by delivering it to a person under age 18 at least
three (3) years younger commits a state jail felony.
Is paraphernalia allowed
in any context?
A person meeting the requirements for applicability of the
overdose assistance exception TEX. HEALTH & SAFETY CODE
ANN. § 481.125(g) and (h) (West 2021) has a defense to
prosecution of possession or use of drug paraphernalia.
Forfeiture
All drug paraphernalia that is manufactured, delivered, or
possessed in violation of law is subject to forfeiture.
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TEXAS
Other provisions of note
T
EX
.
H
EALTH
&
S
AFETY
C
ODE
A
NN
. § 481.183 (West 2021)
contains a list of factors that a court or other authority must
consider when determining whether an object is drug
paraphernalia.
Recently proposed
legislation
• H.B. 126, 87th Leg., Reg. Sess. (Tex. 2021) (died in House
committee upon adjournment). This bill would add an
exception to the offense of possessing or delivering drug
paraphernalia to a person who is an employee, volunteer, duly
authorized agent, or participant in, or is otherwise involved in
operating, a pilot program established under other law to
prevent the spread of certain infectious and communicable
diseases.
• H.B. 1178, 87th Leg., Reg. Sess. (Tex. 2021) (died in House
upon adjournment). This bill would remove the criminal
penalties for possession of drug paraphernalia and make only
the delivery of drug paraphernalia a crime.
• H.B. 3233, 87th Leg., Reg. Sess. (Tex. 2021) (died in Senate
upon adjournment). This bill would add certain exceptions for
the possession and delivery of hypodermic needles and
syringes, including for medical purposes and syringe services
pilot programs. H.B. 4342 and S.B. 2130 are similar bills.
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UTAH
Statute(s) and initial
effective dates(s)
• U
TAH
C
ODE
A
NN
.
§ 58-37-8(16) (West 2021) (eff. March 20,
2014) (overdose assistance exception).
• UTAH CODE ANN. §§ 58-37a-1 to 37a-7 (West 2021) (eff.
1981) (criminalizes drug paraphernalia).
Substantive
amendment(s) to law(s)
(non-marijuana related)
May 10, 2011 – Exemption added for hypodermic syringes that
are sealed in sterile packaging and are for a legitimate medical
purpose.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to use, or to possess with intent to
use, drug paraphernalia to make or ingest a controlled
substance. A violation is a class B misdemeanor.
• It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver, any drug
paraphernalia, knowing that the drug paraphernalia will be
used to make or ingest a controlled substance. A violation is a
class A misdemeanor.
• Any person aged 18 or older who violates the provision against
delivering drug paraphernalia by delivering it to a person
under age 18 at least three (3) years younger commits a third-
degree felony.
• It is unlawful for any person to advertise to promote the sale of
objects designed or intended for use as drug paraphernalia. A
violation is a Class B misdemeanor.
Is paraphernalia allowed
in any context?
• A person eligible for the overdose assistance exception in
UTAH CODE ANN. § 58-37-8(16) (West 2021) has an
affirmative defense to an allegation of any violation of Utah
drug paraphernalia laws.
• A person may not be charged with distribution of hypodermic
syringes as drug paraphernalia if at the time of sale or
distribution, the syringes are in a sealed sterile package and are
for a legitimate medical purpose, including: (1) injection of
prescription medications as prescribed by a practitioner; or (2)
the prevention of disease transmission. This includes syringe
services programs authorized under UTAH CODE ANN.
§ 26-7-8 (West 2021).
• A person may not be charged with possession of hypodermic
syringes as drug paraphernalia if the syringe is unused and is
in a sealed sterile package.
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UTAH
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
• Utah Code Ann. § 58-37a-7 (West 2021) provides that if a
court finds that a minor violates Utah drug paraphernalia laws,
the court may order the minor to complete:
o A substance use disorder screening;
o A substance use disorder assessment, if the screening
indicates an assessment to be appropriate; and
o An educational series or substance use disorder treatment
as indicated by an assessment.
• UTAH CODE ANN. § 58-37a-4 (West 2021) contains a list of
factors that the trier of fact should consider when determining
whether an object is drug paraphernalia.
Recently proposed
legislation
• H.B. 468, 64th Leg., 2022 Gen. Sess. (Utah 2022) (pending in
House). This bill modifies the definition of drug paraphernalia
to exclude: (1) certain testing equipment; and (2) an object
used to parenterally inject a controlled substance into the
human body.
• H.B. 146, 64
th
Leg., 2021 Gen. Sess. (Utah 2021) (died upon
adjournment after House passed it). As amended, this bill
creates a working group to study harm reduction-oriented
strategies to reduce overdose injuries and deaths in the state.
As introduced, the bill allowed a county or municipality to
approve an entity to operate an overdose prevention program.
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VERMONT
Statute(s) and initial
effective dates(s)
V
T
.
S
TAT
.
A
NN
. tit. 18 §§ 4475 to 4478 (West 2021) (eff. 1983)
(criminalizes drug paraphernalia; exceptions).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• May 19, 1999 – Needles and syringes distributed or possessed
as part of an organized community-based syringe services
program are both exempted from definition of drug
paraphernalia and decriminalized.
• July 1, 2018 – Amendment decriminalized the sale, possession
with intent to sell, or manufacture with intent to sell, drug
paraphernalia to an individual over age 18.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Generally, yes. However, drug paraphernalia does not include
needles and syringes distributed or possessed as part of an
organized community-based syringe services program.
Penalties for
possession/use of
paraphernalia
It is unlawful for a person to sell drug paraphernalia to a person
under age 18. A violation is subject to imprisonment up to two
(2) years, a fine up to $2,000, or both.
Is paraphernalia allowed
in any context?
• Vermont does not criminalize: (1) the possession/use of drug
paraphernalia; or (2) selling drug paraphernalia to non-minors.
• Distribution and possession of needles and syringes as part of a
community-based syringe services program is not a violation.
Forfeiture
Upon conviction, all drug paraphernalia is subject to forfeiture.
Other provisions of note
V
T
.
S
TAT
.
A
NN
. tit. 18 § 4475(b) (West 2021) contains a list of
factors that a court or other authority may consider when
determining whether an object is drug paraphernalia.
Recently proposed
legislation
• S.B. 266, 2021-2022 Gen. Assemb., Reg. Sess. (Vt. 2022)
(pending in Senate committee). This bill proposes to, among
other things, establish harm reduction centers and an overdose
prevention working group.
• H.B. 397, 2021-2022 Leg. Sess., Reg. Sess. (Vt. 2022)
(pending in House committee). This bill would, among other
things, expand the locations in which a syringe services
program can operate.
• H.B. 505, 2021-2022 Gen. Assemb., Reg. Sess. (Vt. 2022)
(pending in House committee). This bill would reclassify the
drug paraphernalia penalty to a Class C misdemeanor.
• H.B. 501, 2019-20 Leg. Sess., Reg. Sess. (Vt. 2019) (died in
House committee upon adjournment). This bill proposes to
establish a statewide program for the distribution of fentanyl
test strips.
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VIRGINIA
Statute(s) and initial
effective dates(s)
• V
A
.
C
ODE
A
NN
. § 18.2-251.03 (West 2021) (eff. July 1, 2015)
(overdose assistance exception).
• VA. CODE ANN. §§ 18.2-265.1 to 265.5 (West 2021) (eff.
1981) (criminalizes drug paraphernalia).
• VA. CODE ANN. § 19.2-386.26 (West 2021) (eff. 2004)
(forfeiture).
• VA. CODE ANN. § 32.1-45.4 (West 2021) (eff. July 1, 2017)
(syringe services program exception).
• VA. CODE ANN. § 54.1-3466 (West 2021) (eff. 1988)
(criminalizes controlled paraphernalia).
• VA. CODE ANN. § 54.1-3467 (West 2021) (eff. 1988)
(distribution of hypodermic needles and syringes).
• VA. CODE ANN. § 54.1-3469 (West 2021) (eff. 1988) (storage).
Substantive
amendment(s) to law(s)
(non-marijuana related)
• July 1, 2017 – Amendment added an exception for the
dispensing or distribution of hypodermic needles and syringes
by individuals operating a syringe services program.
• March 2, 2018 – Amendment added exceptions for: (1) the
possession of hypodermic needles and syringes for the purpose
of injecting naloxone; and (2) the dispensing or distribution of
hypodermic needles and syringes by persons authorized to
dispense naloxone.
• July 1, 2019 – Amendment added: (1) exception from
definition of drug paraphernalia for narcotic testing products
used to determine whether a controlled substance contains
fentanyl or a fentanyl analog; and (2) excluded narcotic testing
products used to test for fentanyl from the definition of
controlled paraphernalia.
• July 1, 2020 – Amendment added an exception for individuals
who possess or distribute drug paraphernalia through a syringe
services program.
• July 1, 2021 – Individuals eligible for overdose assistance
exception expanded to include a person providing direct
assistance while someone else seeks medical assistance.
Does paraphernalia
include drug test strips or
other testing equipment?
Generally, yes. However, neither drug paraphernalia nor
controlled paraphernalia include “narcotic testing products used
to determine whether a controlled substance contains fentanyl or
a fentanyl analog.”
Does paraphernalia
include needles/syringes?
Yes.
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VIRGINIA
Penalties for
possession/use of
paraphernalia
• The following actions constitute Class 1 misdemeanors:
o Selling, or possessing with intent to sell, drug
paraphernalia to make or ingest a controlled substance;
o Possessing or distributing controlled paraphernalia;
o Distributing controlled paraphernalia;
o Distributing drug paraphernalia by a person aged 18 or
older to a person under age 18; and
o Advertising to promote the sale of objects designed or
intended for use as drug paraphernalia.
• A person aged 18 or older who sells drug paraphernalia to a
person under age 18 at least three (3) years younger commits a
Class 6 felony.
Is paraphernalia allowed
in any context?
• Narcotic testing products are not considered drug
paraphernalia or controlled paraphernalia.
• It is lawful for a person to possess or distribute hypodermic
needles and syringes for the purpose of injecting naloxone.
• It is lawful for a person to possess or distribute controlled
paraphernalia on behalf of a syringe services program.
• It is lawful for a person to possess controlled paraphernalia
obtained from a syringe services program when such
possession is incidental to the provision of services as part of a
comprehensive harm reduction program.
• A person eligible for the overdose assistance exception in VA.
CODE ANN. § 18.2-251.03 (West 2021) may be subject to
arrest or prosecution for possession of controlled
paraphernalia.
• The prohibitions on controlled paraphernalia do not apply to
those who have acquired possession and control of controlled
paraphernalia in accordance with the provisions of this article
or to any person who owns or is engaged in breeding or raising
livestock, poultry, or other animals to which hypodermic
injections are customarily given in the interest of health,
safety, or good husbandry; or to hospitals, physicians,
pharmacists, dentists, podiatrists, veterinarians, funeral
directors and embalmers, persons to whom a permit has been
issued, manufacturers, wholesalers, or their authorized agents
or employees when in the usual course of their business, if the
controlled paraphernalia lawfully obtained continue to be used
for the legitimate purposes for which they were obtained.
Forfeiture
All drug paraphernalia is subject to forfeiture.
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VIRGINIA
Other provisions of note
• Each person, association or corporation which has lawfully
obtained possession of controlled paraphernalia must exercise
reasonable care in the storage, usage, and disposition of such
devices or substances to ensure that they are not diverted for
reuse for any purposes other than those for which they were
lawfully obtained.
• VA. CODE ANN. § 18.2-265.2 (West 2021) contains a list of
factors that a court may consider when determining whether an
object is drug paraphernalia.
Recently proposed
legislation
None, other than legislation enacted in 2020 and 2021.
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WASHINGTON
Statute(s) and initial
effective dates(s)
• W
ASH
.
R
EV
.
C
ODE
A
NN
. § 69.50.102 (West 2021) (eff. 1981)
(definition).
• WASH. REV. CODE ANN. § 69.50.412 (West 2021) (eff. 1981)
(criminalizes drug paraphernalia).
• WASH. REV. CODE ANN. § 69.50.4121 (West 2021) (eff. 1998)
(penalty for selling drug paraphernalia).
• WASH. REV. CODE ANN. § 69.50.505 (West 2021) (eff. 1981)
(forfeiture).
Substantive
amendment(s) to law(s)
(non-marijuana related)
June 13, 2002 – Added an exception for individuals over the age
of 18 to possess sterile hypodermic syringes and needles for the
purpose of reducing blood-borne diseases and allowed for the
legal distribution of injection syringe equipment through public
health and community-based HIV prevention programs and
pharmacies.
Does paraphernalia
include drug test strips or
other testing equipment?
Yes.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• Every person who sells or gives, or permits to be sold or given,
to any person any drug paraphernalia in any form commits a
Class I civil infraction.
• The following actions constitute misdemeanors:
o Using drug paraphernalia to make or ingest a controlled
substance other than marijuana;
o Delivering, possessing with intent to deliver, or
manufacture with intent to deliver drug paraphernalia,
knowing, or under circumstances where one reasonably
should know, that it will be used to make or ingest a
controlled substance other than marijuana; and
o Advertising to promote the sale of objects designed or
intended for use as drug paraphernalia
• Any person aged 18 years or older who delivers drug
paraphernalia to a person under age 18 at least three (3) years
younger commits a gross misdemeanor.
Is paraphernalia allowed
in any context?
• It is lawful for any person over the age of 18 to possess sterile
hypodermic syringes and needles for the purpose of reducing
blood borne diseases.
• Drug paraphernalia laws do not prohibit the legal distribution
of injection syringe equipment through public health and
community-based syringe services programs, HIV prevention
programs, and pharmacies.
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WASHINGTON
Forfeiture
All drug paraphernalia, other than paraphernalia possessed, sold,
or used solely to facilitate marijuana related activities, is subject
to forfeiture.
Other provisions of note
W
ASH
.
R
EV
.
C
ODE
A
NN
. § 69.50.102(b) (West 2021) contains a
list of factors that a court or other authority should consider
when determining whether an object is drug paraphernalia.
Recently proposed
legislation
• S.B. 5509, 67
th
Leg., 2022 Reg. Sess. (Wash. 2022) (passed
Senate; pending in House committee). This bill exempts
fentanyl testing equipment from the definition of drug
paraphernalia.
• S.B. 5976. 67
th
Leg., 2022 Reg. Sess. (Wash. 2022) (pending
in Senate committee). Among other things, this bill allows a
prosecutor, in the case of someone violating the prohibition
against using drug paraphernalia, to file a petition for
substance use disorder intervention as provided in the bill.
• H.B. 1578, 67
th
Leg., 2021 Reg. Sess. (Wash. 2021) (pending
in House committee). This bill makes it lawful for any person
to deliver, possess with intent to deliver, or manufacture with
the intent to deliver drug paraphernalia, or under
circumstances where one reasonably should know, that it
would be used to inject, ingest, inhale, or otherwise introduce
into the human body a controlled substance.
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WEST VIRGINIA
Statute(s) and initial
effective dates(s)
• W.
V
A
.
C
ODE
A
NN
.
§ 16-64-8 (West 2021) (eff. July 9, 2021)
(syringe services program exception).
• W. VA. CODE ANN. §§ 47-19-1 to 19-8 (West 2021) (eff. 1982)
(criminalizes drug paraphernalia).
Substantive
amendment(s) to law(s)
(non-marijuana related)
June 10, 2022 – Specific provisions related to fentanyl test strips
added.
Does paraphernalia
include drug test strips or
other testing equipment?
No. As of June 10, 2022, “fentanyl test strips” are expressly
excluded from the definition of drug paraphernalia.
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for a person to sell any items, effects,
paraphernalia, accessories, or thing which is designed or
marketed for use with controlled substances without obtaining
a license therefor from the state tax commissioner. A violation
is a misdemeanor subject to a fine of $10-$500.
• It is unlawful for any person to sell or attempt to sell drug
paraphernalia at: (1) a fair, festival, musical or theatrical
production, or at any event performed or conducted outdoors;
or (2) a temporary roadside booth or table along any municipal
street or highway. A violation is a misdemeanor subject to a
fine of $10-$500.
• It is unlawful to sell drug paraphernalia to any person under
age 18. A person aged 18 or older who violates the provision
is guilty of a felony and subject to a fine up to $15,000, and
may be imprisoned for one to five (1-5) years or confined to a
county jail for up to one (1) year.
Is paraphernalia allowed
in any context?
• As of June 10, 2022, drug paraphernalia does not include
fentanyl test strips and “nothing in [West Virginia Code
Chapter 47] prohibits the possession, sale, or purchase of
fentanyl test strips.”
• West Virginia does not appear to criminalize possession of
drug paraphernalia.
• An employee, volunteer, or participant of a licensed syringe
services program may not be arrested, charged with, or
prosecuted for possession of sterile or used syringes,
hypodermic syringes, injection supplies obtained from or
returned to a program, or other safer drug use materials
obtained from a program established pursuant to this article,
including testing supplies for illicit substances.
Forfeiture
West Virginia law does not expressly address forfeiture of drug
paraphernalia.
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WEST VIRGINIA
Other provisions of note
W.
V
A
.
C
ODE
A
NN
. § 47-19-3(b) (West 2021) contains a list of
factors that the state tax commissioner or other authority should
consider when determining whether an object is drug
paraphernalia.
Recently proposed
legislation
• S.B. 264, 85
th
Leg., 2021 Reg. Sess. (W. Va. 2021) (died in
committee upon adjournment). This bill removes testing
equipment from the definition of “drug paraphernalia.” The
bill also removes the language of “hypodermic syringes” and
“needles” from the definition, however, it still considers any
material that can be used for “injecting” as drug paraphernalia.
• S.B. 286, 84
th
Leg., 2020 Reg. Sess. (W. Va. 2020) (died in
committee upon adjournment). The bill proposed to prohibit
syringe services programs.
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WISCONSIN
Statute(s) and initial
effective dates(s)
• W
IS
.
S
TAT
.
A
NN
.
§
961.443
(West 2021) (eff. April 9, 2014)
(overdose assistance exception).
• WIS. STAT. ANN. § 961.55 (West 2021) (eff. 1990) (forfeiture).
• WIS. STAT. ANN. §§ 961.571 to 961.577 (West 2021) (eff.
1990) (criminalizes drug paraphernalia).
Substantive
amendment(s) to law(s)
(non-marijuana related)
March 18, 2022 – exception for testing equipment added to drug
paraphernalia definition.
Does paraphernalia
include drug test strips or
other testing equipment?
No. Drug paraphernalia does not include “[a]ny materials used
or intended for use in testing for the presence of fentanyl or a
fentanyl analog in a substance.”
Does paraphernalia
include needles/syringes?
No. Drug paraphernalia does not include “[h]ypodermic
syringes, needles and other objects used or intended for use in
parenterally injecting substances into the human body.”
Penalties for
possession/use of
paraphernalia
• It is unlawful to use, or possess with the primary intent to use,
drug paraphernalia to make or ingest a controlled substance or
controlled substance analog. A violation is subject to a fine up
to $500, imprisonment up to 30 days, or both.
• It is unlawful to use, or possess with the primary intent to use,
drug paraphernalia to make or ingest methamphetamine or a
controlled substance analog of methamphetamine. A violation
is Class H felony, unless the person is age 18 or older and
commits a violation while in the presence of a child who is 14
years of age or younger, which is a Class G felony.
• It is unlawful to deliver, possess with intent to deliver, or
manufacture with intent to deliver, drug paraphernalia,
knowing that it will be primarily used to make or ingest a
controlled substance or controlled substance. A violation is
subject to a fine of up to $1,000, 90 days imprisonment, or
both. If a person age 17 or older violates this provision by
delivering drug paraphernalia to a person age 17 or under at
least three (3) years younger may be fined up to $10,000,
imprisoned up to nine (9) months, or both.
• It is unlawful to deliver, possess with intent to deliver, or
manufacture with intent to deliver, drug paraphernalia,
knowing that it will be primarily used to make or ingest
methamphetamine or a controlled substance analog of
methamphetamine. A violation is a Class H felony unless the
person is age 17 or older and commits a violation by delivering
to a person aged 17 or younger, which is a Class G felony
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WISCONSIN
Penalties for
possession/use of
paraphernalia
(continued)
• It is unlawful to advertise to promote the sale of objects
designed or intended for use as drug paraphernalia. A violation
is subject to a fine up to $500, imprisonment up to 30 days, or
both.
Is paraphernalia allowed
in any context?
• Drug paraphernalia does not include materials used or intended
for use in testing for the presence of fentanyl or a fentanyl
analog in a substance.
• Hypodermic syringes, needles and other objects used or
intended for use in parenterally injecting substances into the
human body are excluded from the definition of drug
paraphernalia.
• A person eligible for the overdose assistance exception (called
an “aider” in Wisconsin) in WIS. STAT. ANN. § 961.443 (West
2021) is immune from prosecution for the offense of
possession of drug paraphernalia.
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
W
IS
.
S
TAT
.
A
NN
. § 961.572 (West 2021) contains a list of factors
that a court or other authority must consider when determining
whether an object is drug paraphernalia.
Recently proposed
legislation
None other than legislation enacted in 2022.
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WYOMING
Statute(s) and initial
effective dates(s)
• W
YO
.
S
TAT
.
A
NN
. § 35-7-1002 (West 2021) (eff. 1971)
(definition).
• WYO. STAT. ANN. § 35-7-1049 (West 2021) (eff. 1982)
(forfeiture).
• WYO. STAT. ANN. §§ 35-7-1056 to 7-1057 (West 2021) (eff.
1982) (criminalizes drug paraphernalia).
Substantive
amendment(s) to law(s)
(non-marijuana related)
None.
Does paraphernalia
include drug test strips or
other testing equipment?
No. The definition of drug paraphernalia contains no reference
to “testing, analyzing,” or “testing equipment.”
Does paraphernalia
include needles/syringes?
Yes.
Penalties for
possession/use of
paraphernalia
• It is unlawful for any person to deliver, or possess with intent
to deliver, drug paraphernalia. Any person who violates this
section is guilty of a crime and, upon conviction, may be
imprisoned for not more than six (6) months, fined not more
than $750, or both.
• Any adult who violates the prohibition against delivering drug
paraphernalia by delivering it to a minor is guilty of a crime
and, upon conviction, may be imprisoned for not more than
five (5) years, fined not more than $2,500, or both.
Is paraphernalia allowed
in any context?
• Drug test strips or other testing equipment is not drug
paraphernalia.
• The use or possession of drug paraphernalia without the intent
to deliver it is not a crime.
Forfeiture
All drug paraphernalia is subject to forfeiture.
Other provisions of note
None.
Recently proposed
legislation
None.
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