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Bill Summary · SB 348

Overview

SB 348 (Ohio, 136th General Assembly) would require certain liquor permit holders to make date rape drug testing devices available to patrons. The bill defines what qualifies as a “drink drug testing device,” sets eligibility and operational requirements for permit holders, and outlines enforcement considerations. It does not establish specific penalties in the bill text, but allows the Ohio Liquor Control Commission to act under existing liquor-control laws.

Purpose and Intent

  • To provide patrons with access to drink drug testing devices in on-premises alcohol-serving establishments.
  • To detect the presence of date rape drugs or similar substances in beer or intoxicating liquor, with the goal of enhancing safety and reducing drug-facilitated harm in bars, restaurants, breweries, and wineries.

Key Provisions

  • Definition of date rape drugs and testing devices:

    • Date rape drugs include GHB (and analogues such as GBL and 1,4-butanediol), ketamine, flunitrazepam, and any substance with similar effects.
    • A drink drug testing device must:
    • Use test strips or similar technology to detect drugs in beer/liquor.
    • Detect at least ten controlled substances.
    • Provide results within five minutes of testing.
    • Be manufactured in the U.S. or its territories.

  • Qualified permit holder:

    • Applies to holders of A-1, A-1-A, A-1c, A-2, A-2f, F-2, and certain D-class permits (as defined in Chapter 4303).

  • Responsibilities of qualified permit holders:

    • Post a prominent notice informing customers that a drink drug testing device is available.
    • Provide a drink drug testing device free of charge or at a price not exceeding a reasonable amount based on wholesale cost.
    • Ensure devices offered are within expiration/recommended usage periods per labeling.

  • Liability:

    • Qualified permit holders are not liable for defective or inaccurate test results, including false positives or negatives.

Who Is Affected

  • Bars, restaurants, breweries, wineries, and other establishments with qualifying liquor permits (A-1, A-1-A, A-1c, A-2, A-2f, D-class, F-2).
  • As of FY 2025, the bill’s analysis identifies about 30,814 active permits that would fall under the requirements (split across various permit types: A-1, A-1c, A-1-A, A-2, A-2f, D-class, F-2).

Practical Implementation and Timeline

  • The bill as introduced does not specify penalties for noncompliance but relies on existing enforcement tools of the Ohio Liquor Control Commission (LCO), which can revoke or suspend permits for violations of liquor-control laws.
  • Enforcement costs would be funded through the State Liquor Regulatory Fund (Fund 5LP0), with costs depending on the number of violations and adjudications.
  • Effective date: The analysis notes references to the February 19, 2026 implementation window for compliance, aligning with the bill’s introduction and committee referral timeline.

Fiscal and Local Impact

  • Local impact depends on how many establishments implement the devices and how enforcement actions unfold.
  • Potential costs to permit holders (for device purchase or rental) offset by the bill allowing a reasonable charge based on wholesale cost.
  • Enforcement would be funded by the state’s liquor regulatory fund, covering administrative and potential hearings related to violations.

Summary

SB 348 would obligate certain Ohio liquor-licensed venues to provide drink drug testing devices to patrons, ensuring devices can detect at least ten substances, deliver results within five minutes, and are US-manufactured. Venues must post notices, offer devices at no charge or a reasonable cost, and ensure devices are valid. The measure relies on existing LCO enforcement authorities and would be financed through the State Liquor Regulatory Fund.

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

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