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Drink-Spiking Test Kit Laws: Selected US States and Cities

Seven selected jurisdictions: California and Tempe have test-kit duties; Rhode Island’s lid duty starts January 1, 2027. Check dates vary by jurisdiction.

Fernando Di Matteo 8 min read Updated: 10/20/2026
Drink-Spiking Test Kit Laws: Selected US States and Cities

California and Tempe have drink-testing duties for covered venues. Rhode Island’s lid requirement starts January 1, 2027. Tennessee and Chandler’s measures address criminal offenses, while the Washington and Ohio bills covered here have not become law. Those distinctions matter when a bar decides which rules apply to its location.

This guide compares seven selected jurisdictions. Rhode Island’s enacted chapter was checked on October 19, 2026; California’s AB 1982, code sections and October 9 ABC advisory on October 12, 2026; Tempe’s ordinance text on October 4, 2026; and the remaining sources on September 8, 2026. It is not an exhaustive state-by-state or city-by-city inventory. These examples also do not, by themselves, establish a nationwide legislative trend or a change in the incidence of drink spiking.

Current Status: Selected States and Cities

Jurisdiction and primary sourceStatus at the check dates aboveTest-kit duty under this measure?
California, BPC section 25624In force; kit duties operative since July 1, 2024Yes, for covered Type 48 premises; a separate lid duty has applied since July 1, 2025.
Tempe, ArizonaIn force; venue duties have applied since August 1, 2026Yes, for covered late-night Series 6 and 12 premises.
Chandler, ArizonaLocal tampering offense effective May 24, 2026No kit mandate in this measure; it creates a criminal offense.
Rhode Island, § 3-7-30 (Chapter 138)Enacted June 18, 2026; effective January 1, 2027No test-kit duty in this measure; lids on request from the effective date.
Tennessee, HB 2301/SB 2372, Public Chapter 1131Enacted; effective July 1, 2026No; the proposed testing-device provisions were removed.
Washington, SB 5330Proposal; latest recorded action January 12, 2026: reintroduced and retained in existing statusNo current duty under this bill; no enactment recorded.
Ohio, SB 348Proposal; As Introduced in Senate committee; second hearing June 3, 2026No current duty under this bill; no enactment recorded.

An entry marked “no” concerns the specified measure. It is not a finding that the jurisdiction has no other relevant safety, licensing or criminal rules.

California: Test Kits, Lids and the AB 1982 Extension

California’s Business and Professions Code section 25624 covers applicants for new permanent Type 48 licenses and existing Type 48 license holders. Testing devices must be within their expiry or recommended use period and offered free or at a reasonable price based on wholesale cost.

In its October 9, 2026 advisory, Type 48 Licenses: Drug Testing Device and Drink Lid Availability Requirements Extended Indefinitely, ABC says AB 1982 has removed the sunset dates and made the duties permanent. It directs Type 48 licensees to continue meeting §§25624 and 25625.

The advisory’s FAQ explains that an individual kit need not detect all three example substances named in the law; its guidance accepts at least one controlled substance used to drug someone through a beverage. This is guidance for licensees and does not establish DrinkCheck’s detection capabilities or legal conformity. ABC does not recommend particular products.

Since July 1, 2025, section 25625 has also required covered premises to provide a lid with a customer’s drink on request. The notice includes both lids and test kits. ABC’s October 9 advisory presents the alternative AB 1982 printable sign as an option for licensees; the existing combined notice remains the other option.

AB 1982’s official history records approval and chaptering as Chapter 377, Statutes of 2026, on September 20, 2026. Its chaptered text removes the sunset and provides the two notice options. However, on October 12, 2026, both published code sections still displayed a January 1, 2027 repeal date and cited Stats. 2024, Ch. 714 rather than Chapter 377. This differs from ABC’s statement of permanence. The advisory cautions that it may not reflect current law. Neither it nor the chaptered text specifies an operative date for the amendments; this guide does not resolve the discrepancy or assign that date. Confirm the position with ABC or legal counsel before relying on the amended text.

See our California AB 1013 compliance guide for the venue checklist.

California's requirements apply to covered Type 48 premises

Tempe: Duties Have Applied Since August 1, 2026

The City of Tempe’s current program page covers Series 6 and Series 12 premises serving alcohol between midnight and 2 a.m. on more than three days per month. Its requirements have applied since August 1, 2026.

Covered premises must have at least 10 unexpired, lab-certified kits at opening, replenish within three business days when stock falls below that level, and provide kits free or at no more than 150% of cost. Required restroom signs must be in at least one inch lettering under Ordinance No. O2026.05 (§ 26-71(b)(4)).

The city’s optional certification and rebate program has additional conditions. Those conditions should be read separately from the baseline ordinance duties. DrinkCheck test strips are suitable for Tempe’s kit requirement; each venue remains responsible for the other duties, such as stock levels, replenishment, the price cap and signs. See the Tempe operating checklist for the details.

Chandler: A Local Criminal Offense

Chandler’s April 24, 2026 announcement describes a class 1 misdemeanor for intentional food or drink tampering without the person’s knowledge or consent, including attempts. The measure took effect citywide on May 24, 2026. It addresses criminal conduct and does not create the test-kit availability requirement described for Tempe above.

Tennessee: The Test-Kit Provisions Were Removed

Tennessee’s official SB 2372/HB 2301 record shows the House removed the testing-device provisions on April 21, 2026, with Senate agreement the next day. Governor Bill Lee signed on May 22, and Public Chapter 1131 took effect July 1. It adds intent to cause involuntary intoxication to the adulteration offense, classified as a Class D felony; it does not enact the proposed venue kit mandate.

Read the Tennessee law and amendment timeline.

Washington SB 5330: A Proposal, Not an Enacted Duty

The official bill history shows placement on the Senate Rules X file on March 17, 2025, followed by reintroduction and retention in the same status on January 12, 2026. No enactment was recorded at the September 8 check. The January 1, 2026 date printed in the proposal did not bring it into force.

The February 14, 2025 first substitute report describes testing for at least one controlled substance, with duties in specified 21-and-over service areas of taverns, nightclubs, hotels and sports entertainment facilities. These are proposed terms. See our Washington SB 5330 status guide.

Ohio SB 348: Still As Introduced

The Ohio Senate’s current summary still lists SB 348 as As Introduced, in the Small Business and Economic Opportunity Committee, on September 8. Its committee record documents a first hearing on May 13, 2026 and a second hearing on June 3. The summary records neither a committee report nor Senate passage; these hearings did not enact the proposal.

The As Introduced bill text, proposed section 4301.73(A)(4), specifies at least 10 controlled substances, results in no more than five minutes, and manufacture in the United States or its territories. These are not enacted purchasing requirements. Our Ohio SB 348 guide explains the proposal in more detail.

Rhode Island: Lids on Request from January 1, 2027

Rhode Island’s Public Laws 2026, Chapter 138 (S3000 Substitute B) was enacted on June 18, 2026. Section 2 sets its effective date as January 1, 2027. The new § 3-7-30 applies to retail license holders authorized to sell alcoholic beverages for consumption on the premises.

From that date, covered businesses must provide a lid with a customer’s drink on request. A lid must attach to the rim of a corresponding container and fit at least one type of container used on the premises. It need not fit every glass. Businesses can provide lids free or charge a reasonable amount based on the lids’ wholesale cost. A sole first violation results in a warning.

The enacted chapter contains no test-kit requirement and no requirement to post a notice. Its lid rule should therefore be kept separate from California’s and Tempe’s test-device duties. The Rhode Island source was checked again on October 20, 2026.

What Venue Teams Should Check Before Choosing a Product

For each premises, confirm the license category, operating hours where relevant, current legal text, required sign, stock level and any price cap. Record the source and date used. A rule in another state or city cannot establish your venue’s obligations. Our drink spiking laws tracker keeps a dated status of selected US measures, each with its official source and check date.

Then obtain the original instructions and supporting documentation for the exact product: what it tests, beverage restrictions, reading procedure, expiry and storage requirements. Our DrinkCheck evidence and limitations page summarizes DrinkCheck’s lab validation and explains what a drink test cannot tell you. Apart from Tempe’s kit requirement noted above, this guide does not determine whether DrinkCheck qualifies under a particular state or city rule.

Venue teams can request a quote for drink test strips for bars and venues. Smaller quantities are available on the DrinkCheck drink spiking test strips product page.

Purchasing kits alone does not establish full compliance. This article also provides no basis for predicting a legal defense, liability outcome or insurance discount. Venue-specific legal and insurance questions need assessment of the applicable rules, facts and policy.

Update — October 19, 2026: Added Rhode Island’s enacted lid rule and its January 1, 2027 effective date. The comparison now covers seven selected jurisdictions; the new row does not describe a test-kit mandate.

Update — October 12, 2026: Added ABC’s October 9 advisory describing California’s duties as permanent and linking the alternative notice. The online code still displays the January 1, 2027 repeal. The discrepancy remains unresolved here; no operative date or product-conformity determination is made.

Update — October 4, 2026: Tempe’s restroom sign lettering now follows Ordinance No. O2026.05, § 26-71(b)(4) (at least one inch); the City’s program page states a quarter inch.

Update — September 29, 2026: AB 1982 is no longer pending. The Governor approved it on September 20, 2026, and it was chaptered as Chapter 377, Statutes of 2026. The California section now reflects that status and no longer describes the bill as at the Governor.

Correction and update — September 8, 2026: Earlier versions overstated the breadth of US mandates, incorrectly treated Washington’s proposal as law and Tennessee’s removed kit provisions as enacted, and retained future tense for Tempe after August 1. This version separates the six selected jurisdictions, adds Ohio, updates California’s lid and pending-extension information, and corrects Tennessee’s signing date to May 22. Unsupported claims about product performance, legal protection, insurance savings and supply shortages have been removed. The previously removed Illinois bill reference remains excluded because it was not verified.

Last source check: October 20, 2026 (Rhode Island’s enacted chapter; unchanged 2027 lid rule). California sources were checked October 12; Tempe’s ordinance text on October 4; other sources on September 8. This guide is general information and is not a complete legal assessment for any venue.

Frequently asked questions

Which jurisdictions in this guide currently require drink-spiking test kits?
Among the seven selected jurisdictions, California requires kits at covered Type 48 premises, and Tempe's requirements have applied to covered late-night Series 6 and 12 premises since August 1, 2026. Rhode Island’s rule takes effect January 1, 2027 and concerns lids, not test kits. This selection is not an exhaustive survey of US states, cities or licensing conditions.
When does Rhode Island’s drink-lid law take effect?
Rhode Island’s § 3-7-30 takes effect January 1, 2027. It requires licensed retailers serving alcohol for on-premises consumption to provide a lid with a customer’s drink on request. The enacted text does not require test kits or a posted notice.
Are Washington SB 5330 and Ohio SB 348 current test-kit laws?
No. On September 8, 2026, Washington's bill history showed reintroduction and retention in its existing status on January 12, with no enactment. Ohio SB 348 remained As Introduced in the Senate Small Business and Economic Opportunity Committee. Their proposed requirements are not current duties under those bills.
Does Tennessee's 2026 law require bars to have test kits?
No. Public Chapter 1131 took effect July 1, 2026, after the proposed venue testing-device provisions were removed. It adds a criminal provision for intent to cause involuntary intoxication.
Does California require each kit to detect all three example substances?
California ABC's guidance says an individual kit need not test for all three: detecting at least one controlled substance used to drug someone through a beverage can meet the stated test-coverage requirement. That guidance does not approve a particular manufacturer or establish a product's performance.
Does buying a drink test kit establish legal compliance or insurance savings?
This guide does not establish either outcome. Check the venue's jurisdiction, license, current rules and the exact product's original documentation. Stocking a kit alone does not establish that all applicable duties have been met; insurance questions depend on the policy and insurer.

Sources

  1. Rhode Island Public Laws 2026, Chapter 138: drink lids on request, effective January 1, 2027 webserver.rilegislature.gov
  2. California Business and Professions Code section 25624: testing devices and signage leginfo.legislature.ca.gov
  3. California Business and Professions Code section 25625: drink lids leginfo.legislature.ca.gov
  4. California ABC: Type 48 Licenses: Drug Testing Device and Drink Lid Availability Requirements Extended Indefinitely — October 9, 2026 abc.ca.gov
  5. California ABC: alternative AB 1982 printable sign abc.ca.gov
  6. California Legislature: AB 1982 status, chaptered September 20, 2026 leginfo.legislature.ca.gov
  7. California Legislature: AB 1982 history, approved by the Governor September 20, 2026 leginfo.legislature.ca.gov
  8. California Legislature: AB 1982 chaptered text (Chapter 377, Statutes of 2026) and Legislative Counsel's Digest leginfo.legislature.ca.gov
  9. City of Tempe: Drink Spiking Prevention Program tempe.gov
  10. City of Tempe: Ordinance No. O2026.05 (Tempe City Code § 26-71) ctycms.com
  11. City of Chandler: drink and food tampering ordinance, April 24, 2026 chandleraz.gov
  12. Tennessee General Assembly: SB 2372/HB 2301 enacted status and amendment summary wapp.capitol.tn.gov
  13. Washington Legislature: SB 5330 bill history app.leg.wa.gov
  14. Washington Senate: SB 5330 first substitute committee report, February 14, 2025 lawfilesext.leg.wa.gov
  15. Ohio Senate: SB 348 current version and status ohiosenate.gov
  16. Ohio Senate: SB 348 committee hearings, May 13 and June 3, 2026 ohiosenate.gov
  17. Ohio Legislature: SB 348 As Introduced original bill text, proposed section 4301.73 search-prod.lis.state.oh.us

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