Spiked drink testing

AN ACT Relating to protecting consumers from spiked drinks at 1
certain licensees of the liquor and cannabis board; adding a new 2
section to chapter 66.24 RCW; and providing an effective date.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 66.24 5
RCW to read as follows: 6
(1) A licensee: 7
(a) Must offer drug testing devices for sale to the licensee's 8
customers; 9
(b) May charge the customer an amount that does not exceed a 10
reasonable amount based on the wholesale cost of the device;11
(c) Must ensure that all testing devices offered to customers 12
have not exceeded their expiration date or recommended period of use, 13
according to the product label, product packaging, or otherwise 14
recommended by the manufacturer; and 15
(d) Must post the following notice in a prominent and conspicuous 16
location: 17
"Don't get roofied! Drink spiking drug test kits available here. 18
Ask a staff member for details." 19
(2) This section does not prevent a licensee from offering drug 20
testing devices to customers free of charge. 21
S-0502.1
SENATE BILL 5330
State of Washington 69th Legislature 2025 Regular Session
By Senators Dhingra, Holy, Wellman, Trudeau, Kauffman, Cortes,
Riccelli, Cleveland, Hasegawa, Braun, Salomon, Slatter, Orwall,
Lovelett, Nobles, Frame, Krishnadasan, Lovick, Stanford, Valdez, and
C. Wilson
Read first time 01/17/25. Referred to Committee on Labor & Commerce.
p. 1 SB 5330
(3) A licensee is not liable for a defective test or inaccurate 1
test result including, but not limited to, a false positive or false 2
negative test result. 3
(4) A violation of this section is not a crime.4
(5) The board must post on its internet website a link to a page 5
that contains information about the requirements of this section 6
including, but not limited to, the signage that is required to be 7
posted and the types of drug testing devices that are required to be 8
available at a tavern or nightclub. 9
(6) For the purposes of this section: 10
(a) "Controlled substances" includes, but is not limited to, 11
flunitrazepam, ketamine, and gamma hydroxybutyric acid, also known by 12
other names, including GHB, gamma hydroxybutyrate, 4-hydroxybutyrate, 13
4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.14
(b) "Drug testing devices" means test strips, stickers, straws, 15
and other devices designed to detect the presence of controlled 16
substances in a drink. 17
(c) "Licensee" means a holder of any of the following temporary 18
or permanent licenses: 19
(i) Tavern license, pursuant to RCW 66.24.330;20
(ii) Nightclub license, pursuant to RCW 66.24.600;21
(iii) Theater license, pursuant to RCW 66.24.650 or 66.24.655;22
(iv) Hotel license, pursuant to RCW 66.24.590;23
(v) Motel license, pursuant to RCW 66.24.540; 24
(vi) Private club license, pursuant to RCW 66.24.452 or 25
66.24.450; 26
(vii) Public house license, pursuant to RCW 66.24.580;27
(viii) Sports entertainment facility license, pursuant to RCW 28
66.24.570; or 29
(ix) VIP airport lounge operator license, pursuant to RCW 30
66.24.610. 31
NEW SECTION. Sec. 2. This act takes effect January 1, 2026.32
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p. 2 SB 5330