AB 950

Under current law, products and materials of any kind that are used for testing

a controlled substance or controlled substance analog are considered drug

paraphernalia, and it is a felony for any person to use or possess with intent to use

drug paraphernalia. Current law excepts certain items from the definition of “drug

paraphernalia,” including any materials used or intended for use in testing for the

presence of fentanyl or a fentanyl analog in a substance. This bill excepts any

materials used or intended for use in testing for the presence of xylazine or a xylazine

analog in a substance from the definition of “drug paraphernalia.” Further, this bill

provides that any person who distributes a xylazine testing product is immune from

civil or criminal liability for the death of or injury to an individual caused by the

administration of the xylazine testing product and that any person who administers

a xylazine testing product according to manufacturer instructions provided with the

xylazine testing product is immune from civil or criminal liability for the act, except

for civil liability for negligence in the performance of the act.