Senate passes S.B. 122 to create affirmative defense for syringe exchange participants

The Senate on the floor approved first substitute S.B. 122, a bill the sponsor said creates an affirmative defense for individuals who possess syringes because they participate in syringe exchange programs.

Sponsor Senator Plumb described the measure as a compromise developed with syringe‑access programs, law enforcement, the health department and medical stakeholders. "Basically, what this would do would make it so that if someone possesses syringes and they're doing the safest thing possible ... that they would be eligible for an affirmative defense instead of a paraphernalia charge," Plumb said.

Floor sponsors also offered amendment #1 to add a code pathway to verify participation in a syringe exchange program. The amendment was adopted unanimously on the floor and the Senate then read the amended bill for a third time; the clerk reported 22 yay votes, 0 nay votes, with 7 absent, and the bill passed.

What happens next: With the Senate's passage, the amended S.B. 122 will be transmitted to the House for consideration. The bill's language now includes a verification mechanism for exchange participation as adopted in the floor amendment.