Tennessee HB 2301: Drink Spiking Becomes a Felony, Bars Must Offer Test Kits by July 2026

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Tennessee is stepping up its response to drink spiking. A new bill moving through the legislature would upgrade the crime to a felony with tiered penalties and require bars and restaurants to keep rapid drug-testing kits available to customers. The changes, if passed, would take effect July 1, 2026. Meanwhile, a Nashville-area woman has launched SpikedInNash.com to collect anonymous reports and help fill a data gap that has long made it difficult to understand how often drink spiking occurs.

What Tennessee HB 2301 Would Change

House Bill 2301, sponsored by Rep. Bob Freeman (D-Nashville) and Sen. Paul Rose (R-District 32), addresses drink spiking in two main ways: stronger criminal penalties and mandatory testing devices in licensed establishments.

The bill defines drink spiking as intentionally adding a substance to a drink or food product to cause involuntary intoxication or harm. Under current law, the offense is often treated as a misdemeanor or folded into other charges. HB 2301 would create a clear, graduated felony structure based on intent and outcome.

Felony Penalties: Class B, C, and D

The proposed penalties reflect the severity of the harm:

• Class B felony — When the act results in serious bodily injury or death. In Tennessee, Class B felonies carry prison sentences of 8 to 30 years and fines up to $25,000.
• Class C felony — When the intent is to cause bodily injury. Class C felonies carry 3 to 15 years and fines up to $10,000.
• Class D felony — For causing involuntary intoxication (e.g., drugging someone without necessarily intending physical harm). Class D felonies carry 2 to 12 years and fines up to $5,000.

The exact sentence within each range depends on the defendant’s criminal history. Supporters argue that these penalties will deter offenders and signal that drink spiking is taken seriously by the justice system.

Bar and Restaurant Requirements (Effective July 1, 2026)

If HB 2301 passes, any establishment licensed to sell alcohol for on-site consumption would be required to:

1. Keep at least one approved drink drug-testing device on hand.
2. Post a clear notice informing customers that testing devices are available.
3. Provide tests at no charge or at a price that covers only the venue’s reasonable cost.

The bill sets technical standards for approved devices. They must:

• Detect at least 10 controlled substances and at least two federally defined date-rape drugs.
• Provide results in under five minutes.
• Use disposable test strips.
• Be manufactured in the United States or its territories.

The Tennessee Alcoholic Beverage Commission, in coordination with the Tennessee Bureau of Investigation, would approve which devices meet these criteria. Bars and restaurants would receive legal protection from liability for defective or inaccurate test results, which supporters say will encourage compliance without exposing venues to lawsuits.

Nashville Activism: SpikedInNash.com

As lawmakers debate the bill, a Middle Tennessee woman is trying to shed light on how often drink spiking actually occurs.

Erika Gorman, a former Silicon Valley product manager who now lives in Columbia, Tennessee, created SpikedInNash.com after a family member was drugged during a work event on Broadway in Nashville on November 19. Her family member woke up disoriented and later discovered that money had been taken from his accounts—about $70,000 before the family froze everything, with an attempted total of $125,000.

Gorman built the site so people can anonymously report suspected drink spiking incidents. Users can submit details such as where the incident occurred, whether they tried to get a drug test, and what happened afterward. Within weeks of launch, more than two dozen incidents had been submitted.

Rep. Freeman has said that data like this could help lawmakers better understand the scope of the issue and direct resources more effectively. Official police reports often undercount drink spiking because many victims never report, and hospitals may not test for date-rape drugs unless there is a sexual assault case with law enforcement involvement. Drug-spiking substances like GHB also leave the body quickly—often within 8 to 24 hours—making timely testing critical.

What You Can Do to Protect Yourself

While the law moves through the legislature and bars prepare for the new requirements, there are steps you can take now:

• Test your drink if something tastes or looks off, or if you feel unexpectedly dizzy or disoriented. Rapid test strips can detect common date-rape drugs in seconds.
• Keep your drink in sight and avoid accepting drinks from strangers.
• Use a drink cover or other physical barrier when possible.
• Seek medical help immediately if you suspect you’ve been drugged. Time matters—many substances leave the body within hours.
• Report incidents to law enforcement (Metro Nashville Police: 615-922-3020) and, if you’re in Nashville, consider submitting an anonymous report at SpikedInNash.com to help build a clearer picture of the problem.

Personal rapid test kits, such as DrinkCheck, are designed to detect GHB, Ketamine, Cocaine, Scopolamine, and other substances in seconds. They are portable, discreet, and can be used at bars, clubs, or parties. As more states and venues adopt mandatory testing, having your own kit gives you an extra layer of control regardless of whether a venue has devices on hand.

A Growing Trend: Drink Spiking Laws Across the U.S.

Tennessee is part of a growing wave of drink spiking legislation across the U.S. For an overview of state-by-state drink spiking laws for bars, see our comprehensive guide. If you suspect you or a friend has been drugged, follow our step-by-step action plan.

Where the Bill Stands

HB 2301 has been filed in the House and cross-filed in the Senate as SB 2372. It is moving through committee, including the Criminal Justice Subcommittee. The legislation is expected to receive bipartisan support. Hospitality groups are expected to seek clarity on compliance costs, supply of approved kits, and enforcement.

This article is for informational purposes only and does not constitute medical or legal advice. If you suspect you or someone else has been drugged, seek medical attention immediately. In an emergency, call 911.

Last updated: March 2026. Legislative status and requirements may change. Consult official sources and your legal advisor for current compliance information.