SECTION 1. Section 34A of chapter 94C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding, after subsection (e), the following new subsection:-
(f) A person acting in good faith may provide, administer, or utilize a controlled substance testing product to assist another person in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds. A person who, in good faith, provides, administers, or utilizes a controlled substance testing product to assist another person in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds shall not be charged or prosecuted for possession of a controlled substance under section 34 if the evidence for the charge of possession of a controlled substance was gained as a result of providing, administering, or utilizing a controlled substance testing product to provide assistance to another person. Controlled substance testing products shall include, but not be limited to, fentanyl test strips.
SECTION 2. Section 32I of said chapter 94C is hereby amended by adding, after subsection (d), the following new subsection:-
(e) This section shall not apply to supplies obtained at public health programs and deemed necessary by the department.
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