Criminal Offenses

Plain English Breakdown

The bill summary does not mention specific exemptions for business liabilities related to testing device inaccuracies, only that licensees are not liable for defective tests. The candidate explanation incorrectly stated this as an exemption.

Tennessee Law on Adulterated Products and Drink Drug Testing

This bill makes it illegal to tamper with food, drinks, or medicines to cause involuntary intoxication and requires bars and restaurants to have drink testing devices.

What This Bill Does

• Makes it a crime to add harmful substances to food, drinks, or medicine that can make someone involuntarily intoxicated.
• Classifies the offense of causing involuntary intoxication as a Class D felony with penalties including up to 12 years in prison and fines.
• Requires bars and restaurants to have drink testing devices available for customers who suspect their drinks are spiked.
• Specifies that these testing devices must meet certain standards, such as detecting at least ten controlled substances and two date rape drugs.

Who It Names or Affects

• People who tamper with food, drinks, or medicines to cause involuntary intoxication.
• Businesses that sell alcohol and must provide drink testing devices.
• Customers of establishments serving alcoholic beverages.

Terms To Know

Class D felony

A serious crime with penalties including imprisonment for two to twelve years and a fine up to $5,000.

Drink drug testing device

A tool used to detect drugs in beverages that can incapacitate or intoxicate someone.

Limits and Unknowns

• The bill does not specify the exact cost of providing drink testing devices.
• It is unclear how many businesses will comply with the requirement for drink drug testing devices.
• There are no details on how enforcement and compliance will be monitored or enforced.

Official Summary Text

Present law makes it an offense for a person to adulterate any food product or liquid that is manufactured, marketed, grown, or produced for human consumption or any pharmaceutical product that is designed, marketed, or prescribed for the diagnosis or tr
eatment of a disease or medical condition by placing in, mixing with, or adding to the product or liquid, any object, liquid, powder or other substance with the intent to cause bodily injury, serious bodily injury, or death to a user of the product or liq
ui
d. This bill also makes it an offense to adulterate any such food product, liquid, or pharmaceutical product with the intent to cause the involuntary intoxication of the user of the product or liquid. This bill makes a violation of this provision, where
the person intends to cause involuntary intoxication, a Class D felony. A Class D felony is punishable by imprisonment of two to 12 years and a fine of up to $5,000.

DRINK DRUG TESTING DEVICES

This bill prohibits a licensee authorized to sell or offer samples of intoxicating beverages for consumption from serving intoxicating beverages on the premises without maintaining a drink drug testing device approved by the alcoholic beverage commission
("commission"). Such a device must be readily available upon the request of a customer and be provided to the customer for free or at a cost not to exceed the reasonable cost of the device. Further, this bill requires a licensee to post a notice in an
ob
vious location that informs customers of the availability of the device.

As used in this bill, a "drink drug testing device" means a device that meets all of the following requirements:



Utilizes disposable test strips to detect the presence of drugs in intoxicating drinks.



Is capable of detecting the presence of controlled substances, drugs, and drug analogs, salts, and isomers in a beverage that are used to incapacitate or intoxicate a person for purposes of assaulting the person or committing a crime.



Detects at least 10 controlled substances and at least two date rape drugs, as defined by federal law.



Provides results in less than five minutes.



Is manufactured in the United States or its territories.

This bill requires the commission, in collaboration with the Tennessee bureau of investigation, to ensure that drink drug testing devices accurately test for the required number of substances. Further, the commission is authorized to require devices to
test for additional substances, if doing so is in the best interest of the public.

Civil liability

This bill provides that a licensee is not liable for a defective test or inaccurate test result from the drink drug testing device.

ON APRIL 2, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL
2372, AS AMENDED.

AMENDMENT #1 removes
the
notice
requirement
in the bill and, instead, requires
a licensee
to
maintain an inventory of at least
10
drink drug testing device disposable test strips for customer use. If the inventory is less than
10
at the opening of business, then the establishment
must
replenish the inventory within three business days.
The licensee must provide a drink drug testing device to a customer for free.

Current Bill Text

HOUSE BILL 2301
By Freeman

SENATE BILL 2372
By Rose
SB2372
012658
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39;
Title 40 and Title 57, relative to adulterated
products.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-107, is amended by deleting
the section and substituting:
(a) It is an offense for a person to adulterate any food product or liquid that is
manufactured, marketed, grown, or produced for human consumption or any
pharmaceutical product that is designed, marketed, or prescribed for the diagnosis or
treatment of a disease or medical condition by placing in, mixing with, or adding to the
product or liquid, any object, liquid, powder, or other substance with the intent to cause
the following to a user of the product or liquid:
(1) Involuntary intoxication;
(2) Bodily injury;
(3) Serious bodily injury; or
(4) Death.
(b)
(1) A violation of this section where the person intends to cause
involuntary intoxication is a Class D felony.
(2) A violation of this section where the person intends to cause bodily
injury is a Class C felony.
(3) A violation of this section where the person intends to cause serious
bodily injury or death is a Class B felony.

- 2 - 012658

SECTION 2. Tennessee Code Annotated, Title 57, Chapter 3, Part 1, is amended by
adding the following new section:
(a) As used in this section:
(1) "Drink drug testing device" means a device that:
(A) Utilizes disposable test strips to detect the presence of drugs
in intoxicating drinks;
(B) Is capable of detecting the presence of controlled substances,
drugs, and drug analogs, salts, and isomers in a beverage that are used
to incapacitate or intoxicate a person for purposes of assaulting the
person or committing a crime;
(C) Detects, at a minimum, not less than ten (10) controlled
substances, as defined in 21 U.S.C. § 802.6, and not less than two (2)
date rape drugs, as defined in 21 U.S.C. § 841(g)(2)(A);
(D) Provides results in less than five (5) minutes after testing a
beverage; and
(E) Is manufactured in the United States or its territories;
(2) "Intoxicating beverage" means alcoholic beverages, spirits, wine,
beer, and any other beverage containing alcohol; and
(3) "Licensee" means a person, retailer, distiller, vintner, manufacturer,
winery, grocery store, or other entity licensed or permitted under this title to sell
or offer samples of intoxicating beverages, whether in bottles or packages or by
the drink, on or from a licensed premises.
(b) A licensee authorized to sell or offer samples of intoxicating beverages for
consumption on any licensed premises shall not serve intoxicating beverages on the
licensed premises unless the licensee maintains a drink drug testing device approved by

- 3 - 012658

the commission that is readily available upon the request of a customer that is capable
of rapidly testing a beverage suspected of being spiked, laced, or contaminated with a
controlled substance or other drug.
(c) A licensee shall post a notice in a prominent and conspicuous location on the
licensed premises that informs customers of the availability of drink drug testing devices.
(d) A licensee is not liable for a defective test or inaccurate test result, including,
but not limited to, a false positive or false negative test result.
(e) A licensee shall provide a drink drug testing device to a customer for free or
at a cost not to exceed the reasonable cost of the device to the licensee.
(f) A licensee shall ensure that drink drug testing devices offered to customers
have not exceeded their expiration date or recommended period of use, according to the
product label, product packaging, or manufacturer's recommendation.
(g) The commission, in collaboration with the Tennessee bureau of investigation,
shall ensure that drink drug testing devices accurately test for the number of substances
required under subdivision (a)(1)(C) and may require that such devices test for additional
substances, as may be in the best interest of the public.
SECTION 3. Section 1 takes effect July 1, 2026, the public welfare requiring it. For all
other purposes, this act takes effect upon becoming a law, the public welfare requiring it.