As Introduced

136th General Assembly

Regular Session S. B. No. 348

2025-2026

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;

(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.