NASHVILLE, Tenn. (WTVF) — The Tennessee Senate passed an amended bill on April 2 that makes drink spiking a Class D felony and requires bars to provide free drug testing strips to customers.
Under current law, it is an offense to adulterate a consumable product with the intent to cause bodily injury or death. Senate Bill 2372 adds the intent to cause involuntary intoxication. A Class D felony is punishable by two to 12 years in prison and a fine of up to $5,000.
The legislation also mandates that bars and restaurants serving alcohol maintain an inventory of at least 10 approved drink drug-testing strips. If the inventory drops below 10 at the start of a business day, the bar has three business days to restock. The strips must be provided to customers for free.
The testing devices must be manufactured in the United States or its territories and provide results in less than five minutes. They must be capable of detecting at least 10 controlled substances and at least two date rape drugs. The Tennessee Alcoholic Beverage Commission and the Tennessee Bureau of Investigation will ensure the devices' accuracy. The bill also protects bar owners from civil liability if a test is defective or inaccurate.
The Sexual Assault Center operates the SAFE Bar initiative, which already provides participating bars with training and materials like testing strips, coasters, and keychains to help patrons identify tampered drinks.
“Our SAFE Bar initiative has been in Tennessee for about five years now. We train bars on recognizing warning signs and putting strategies in place where a bartender can intervene. Now, with this bill, even if someone isn’t assaulted after a drink is spiked, they can still go to the police and be supported. That’s huge for survivors,” said Josh Johnson, Director of Training and Community Outreach. “We supply bars with materials and training so they can act fast if something happens. It’s about empowering both the staff and the patron, making sure law enforcement can respond, and giving survivors the justice they deserve."
Emily Ann Jones, owner of Robert’s Western World on Broadway, said safety is a top priority, but implementing new rules can add pressure on busy downtown businesses.
“I think from a business standpoint, it absolutely should be a felony. But there’s added responsibility on the bar — training, testing kits — and while we do our best, patrons also need to be aware of their surroundings. It’s a balance,” Jones said.
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