SB 646 Florida Senate · 2026 Regular Session

Drug Paraphernalia

SB 646 revises Florida's definition of "drug paraphernalia" to exclude specific drug-testing products, such as fentanyl test strips and reagent kits, that identify dangerous substances like fentanyl, fentanyl analogs, xylazine, cocaine, and methamphetamine. The bill explicitly removes criminal penalties for possessing, distributing, or using these testing tools, which the legislature states are evidence-based harm reduction strategies to prevent overdoses. It directly affects residents and communities by enabling access to life-saving information about illicit drugs before use. The change applies only to products designed solely to detect the presence of these specific substances - not to measure potency or quantity - and takes effect July 1, 2026.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action Mar 6, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S 646 Filed S 646 c1 · 3 edits
MINOR
The bill was updated from an original filed version to a committee substitute, refining the legislative findings and clarifying the specific exclusions for drug-testing products. The primary change is a technical amendment to the statute that reorganizes the list of excluded substances and adds a specific reference to xylazine testing, while maintaining the core goal of excluding simple test strips from the definition of drug paraphernalia.
Scope change
The scope of the exclusion was slightly expanded by explicitly adding xylazine to the list of substances for which testing products are exempt, and the legislative findings were updated to reflect the committee's version.
DEFINITION

The statutory definition of drug paraphernalia was revised to explicitly include xylazine in the list of substances for which testing products are exempt from being classified as paraphernalia.

The legislative findings section was removed and replaced with a streamlined preamble, while the specific findings regarding drug overdose statistics and the intent to decriminalize testing were integrated directly into the statutory amendment.

TECHNICAL

The bill title and version status were updated from 'Filed' to 'Committee Substitute,' indicating it has been reviewed and amended by the legislature's committee.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
18
Key actions
7
Committee
8
Feb 24, 2026
Upper · Passed
Pending reference review -under Rule 4.7(2) - (Committee Substitute)
upper
Feb 19, 2026
Upper · Passed
On Committee agenda-- Fiscal Policy, 02/24/26, 9:00 am, 412 Knott Building
upper
Feb 4, 2026
Upper · Passed
Favorable by Appropriations Committee on Criminal and Civil Justice; YEAS 8 NAYS 0
upper
Jan 30, 2026
Upper · Passed
On Committee agenda-- Appropriations Committee on Criminal and Civil Justice, 02/04/26, 3:45 pm, 37 Senate Building
upper
Jan 27, 2026
Upper · Passed
Now in Appropriations Committee on Criminal and Civil Justice
upper
Jan 26, 2026
Upper · Passed
Favorable by Criminal Justice; YEAS 8 NAYS 0
upper
Jan 21, 2026
Upper · Passed
On Committee agenda-- Criminal Justice, 01/26/26, 3:30 pm, 37 Senate Building
upper
Jan 13, 2026
Introduced
Introduced
upper
Dec 9, 2025
Committee
Referred to Criminal Justice; Appropriations Committee on Criminal and Civil Justice; Fiscal Policy
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Don Gaetz
Don Gaetz
RRepublican
FL
1