Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
S. B. No. 348
2025-2026
Senators DeMora, Blessing
Cosponsors: Senators Craig, Weinstein
To
enact section 4301.73 of the Revised Code
to
require bars or restaurants to have date rape drug testing devices
available for their customers' use.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 4301.73 of the Revised Code be enacted to read as follows:
Sec.
4301.73.
(A)
As used in this section:
(1)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.
(2)
"D class permit" does not include a D-6 or D-8 permit.
(3)
"Date rape drug" means any of the following:
(a)
Gamma hydroxybutyric acid (GHB) or any controlled substance analogue
of GHB, including gamma butyrolactone (GBL) or 1,4–butanediol;
(b)
ketamine;
(c)
flunitrazepam;
(d)
Any other substance that has effects that are similar to or the same
as those drugs listed in divisions (A)(3)(a) to (c) of this section.
(4)
"Drink drug testing device" means a device that does all of
the following:
(a)
Utilizes test strips or similar technologies to detect the presence
of drugs in beer or intoxicating liquor;
(b)
Is capable of detecting the presence of at least ten controlled
substances;
(c)
Is capable of providing results in not more than five minutes after
beer or intoxicating liquor is tested by the device;
(d)
Is manufactured in the United States or its territories.
(5)
"Qualified permit holder" means the holder of an A-1,
A-1-A, A-1c, A-2, A-2f, F-2, or D class permit issued under Chapter
4303. of the Revised Code.
(B)
A qualified permit holder shall do all of the following:
(1)
Post a notice in a prominent and conspicuous location that informs
customers of the availability of a drink drug testing device;
(2)
Provide a drink drug testing device for free or at a cost not to
exceed a reasonable amount based on the wholesale cost of those
devices;
(3)
Ensure that all drink drug testing devices offered to customers have
not exceeded their expiration dates or recommended periods of use,
according to the product label.
(C)
A qualified permit holder is not liable for a defective test or
inaccurate test result of a drink drug testing device, including a
false positive or false negative test result.