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HB 2301

Criminal Offenses - As introduced, expands the offense of adulteration of food, liquids, or pharmaceuticals to include adulteration for the purpose of making the user of the food, liquid, or pharmaceutical involuntarily intoxicated; classifies the offense as a Class D felony; requires a licensee that sells or offers samples of an intoxicating alcoholic beverage for consumption on the licensed premises to maintain drink drug testing devices for customers for the purpose of rapidly testing a beverage suspected of being spiked or laced with a controlled substance or drug. - Amends TCA Title 39; Title 40 and Title 57.

114th Regular Session (2025-2026) Introduced by Bob Freeman

Tennessee bill criminalizes involuntary intoxication via food/beverage adulteration as Class D felony and mandates bars provide drink-testing devices to detect spiking.

H. Placed on Regular Calendar for 4/20/2026
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Bill Summary · HB 2301

Legislative bill overview

HB 2301 creates a new criminal offense for adulterating food, beverages, or pharmaceuticals with the intent to involuntarily intoxicate someone, classifying it as a Class D felony. The bill also mandates that licensed establishments serving intoxicating beverages provide customers access to drug testing devices to detect substances like date rape drugs in drinks.

Why is this important

The bill addresses two serious public safety concerns: drink spiking and involuntary intoxication, which are associated with sexual assault and other crimes. By criminalizing the act and requiring testing devices at establishments, the legislation attempts to deter perpetrators and empower potential victims to detect tampering before consumption.

Potential points of contention

  • Burden on businesses: Requiring establishments to stock and maintain drug testing devices creates an ongoing operational cost and liability responsibility, potentially increasing expenses for bars and restaurants
  • Effectiveness questions: Rapid field testing devices have varying accuracy rates; false positives/negatives could create legal complications or false sense of security
  • Scope of "adulteration": The definition's boundaries regarding intent to cause "involuntary intoxication" may create prosecutorial discretion issues and unintended applications (e.g., unannounced alcohol in food)
  • Enforcement feasibility: Testing devices require customer initiative to use; many victims may not recognize tampering before drinking, limiting practical prevention impact

Compiled from official sources — confirm details with the bill’s official record.

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