South Dakota Becomes the Latest State to Legalize Fentanyl Test Strips

pa href=https://www.cato.org/people/jeffrey-singer hreflang=undJeffrey A. Singer/a
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pspanspanspanLast month Inbsp;a href=https://www.cato.org/blog/fentanyl-test-strips-save-lives-yet-most-states-ban-them-drug-paraphernaliareported/a on state lawmakers’ growing appreciation for fentanyl test strips as anbsp;valuable harm reduction tool to help nonmedical drug users learn if what they are about to consume contains fentanyl. Unfortunately, as Sophia Heimowitz and Inbsp;explained in anbsp;June 2022 a href=https://www.cato.org/policy-analysis/drug-paraphernalia-laws-undermine-harm-reduction-reduce-overdoses-disease-states#state-paraphernalia-lawspolicy analysis/a, every state but Alaska prohibits the possession, sale, use, or distribution of drug paraphernalia. And most states consider fentanyl test strips, anbsp;product used to test illicit substances, as forbidden drug paraphernalia. /span/span/span/p
pspanspanspanIn January, a href=https://sanduskyregister.com/news/438327/new-law-legalizes-fentanyl-test-strips/Ohio/a took fentanyl test strips off its illegal drug paraphernalia list. Today we learn that a href=https://sanduskyregister.com/news/438327/new-law-legalizes-fentanyl-test-strips/South Dakota/a Governor Kristi Noem signed into law anbsp;bill legalizing fentanyl test strips. Similar bills are moving through a href=https://stateofreform.com/featured/2023/02/bills-would-legalize-fentanyl-test-strips-in-hawaii/Hawaii/a, a href=https://kansasreflector.com/2023/02/24/kansas-house-gains-traction-on-legalizing-test-strips-for-fentanyl-other-drugs/Kansas/a, a href=https://www.gencourt.state.nh.us/lsr_search/billText.aspx?id=553amp;type=4New Hampshire/a, and a href=https://leg.mt.gov/content/Committees/Interim/2021-2022/Children-Families/Agency-Legislation/dphhs-proposal3-fentanyl-test-strips.pdfMontana/a legislatures. Last December, Texas Governor Greg Abbott a href=https://www.fox7austin.com/news/opioid-crisis-decriminalizing-fentanyl-testing-strips-greg-abbott-texasreversed/a his opposition and endorsed legalizing fentanyl test strips. Anbsp;a href=https://capitol.texas.gov/tlodocs/88R/billtext/pdf/SB00868I.pdf#navpanes=0bill/a is making its way through the legislature in Austin. Hopefully, the states where fentanyl test strips remain illegal will jump on the bandwagon soon. /span/span/span/p
pspanspanspanMost of the bills legalize strips for testing fentanyl and emother/em illicit drugs. This is good because the Canadian company that makes fentanyl test strips also makes a href=https://www.cfsre.org/nps-discovery/drug-checking/characterization-of-xylazine-test-strips-for-use-in-drug-checkingxylazine test strips/a. /span/span/span/p
pspanspanspanThe veterinary tranquilizer xylazine—nicknamed “a href=https://www.cato.org/blog/iron-law-prohibition-introducing-tranqtranq/a” by nonmedical drug users—is being increasingly added to fentanyl and other black market drugs to enhance the potency of those drugs (the a href=https://filtermag.org/infographic-the-iron-law-of-prohibition/iron law of prohibition/a at work), and overdoses from xylazine cannot be reversed with naloxone. /span/span/span/p
pspanspanspanIt is gratifying to see state lawmakers begin to see the value and realism of a href=https://www.cato.org/policy-analysis/harm-reduction-shifting-war-drugs-war-drug-related-deathsharm‐​reduction/a strategies. But ideally, all states should emulate Alaska and repeal the drug paraphernalia laws. That would remove obstacles that prevent harm reduction organizations from helping to save their neighbors’ lives./span/span/span/p