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SB 2372

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 Paul Rose

Tennessee criminalizes spiking food/drinks to cause involuntary intoxication as Class D felony and requires alcohol retailers to offer customers on-site drug testing devices for beverages.

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Bill Summary · SB 2372

Legislative bill overview

SB 2372 expands Tennessee's food adulteration laws to criminalize the intentional drugging of consumables to cause involuntary intoxication, classifying this as a Class D felony. The bill also mandates that alcohol retailers offering samples maintain drug testing devices on premises so customers can test beverages suspected of being spiked with controlled substances.

Why is this important

Involuntary intoxication—particularly drink spiking—poses serious public safety risks including sexual assault, robbery, and other crimes. This legislation addresses a genuine harm by creating explicit legal consequences for perpetrators and providing potential protective tools at point-of-sale. The law recognizes both prevention and prosecution angles to a problem that disproportionately affects vulnerable populations.

Potential points of contention

  • Scope ambiguity: The definition of "involuntary intoxication" could be interpreted broadly; unclear whether it covers all beverages or only alcoholic ones, and what constitutes sufficient intent to "make the user" intoxicated
  • Testing device burden: Requiring retailers to maintain drug testing kits raises questions about costs, liability if devices malfunction, training requirements, and whether this effectively prevents crimes or simply shifts responsibility to business owners
  • Enforcement practicality: Proving intent to cause involuntary intoxication may be difficult; the Class D felony designation's appropriateness compared to other offenses remains debatable

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

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