wa-law.org > bill > 2025-26 > SB 5330 > Original Bill

SB 5330 - Spiked drink testing

Source

Section 1

  1. A licensee:

    1. Must offer drug testing devices for sale to the licensee's customers;

    2. May charge the customer an amount that does not exceed a reasonable amount based on the wholesale cost of the device;

    3. Must ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or otherwise recommended by the manufacturer; and

    4. Must post the following notice in a prominent and conspicuous location:

"Don't get roofied! Drink spiking drug test kits available here. Ask a staff member for details."

  1. This section does not prevent a licensee from offering drug testing devices to customers free of charge.

  2. A licensee is not liable for a defective test or inaccurate test result including, but not limited to, a false positive or false negative test result.

  3. A violation of this section is not a crime.

  4. The board must post on its internet website a link to a page that contains information about the requirements of this section including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available at a tavern or nightclub.

  5. For the purposes of this section:

    1. "Controlled substances" includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, also known by other names, including GHB, gamma hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.

    2. "Drug testing devices" means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.

    3. "Licensee" means a holder of any of the following temporary or permanent licenses:

      1. Tavern license, pursuant to RCW 66.24.330;

      2. Nightclub license, pursuant to RCW 66.24.600;

      3. Theater license, pursuant to RCW 66.24.650 or 66.24.655;

      4. Hotel license, pursuant to RCW 66.24.590;

    4. Motel license, pursuant to RCW 66.24.540;

    1. Private club license, pursuant to RCW 66.24.452 or 66.24.450;

    2. Public house license, pursuant to RCW 66.24.580;

    3. Sports entertainment facility license, pursuant to RCW 66.24.570; or

     ix. VIP airport lounge operator license, pursuant to RCW 66.24.610.

Section 2

This act takes effect January 1, 2026.

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