A bill that will legalize fentanyl test strips passed the Kentucky legislature in the waning hours of the 2023 legislative session and was signed into law by Gov. Andy Beshear Friday.
House Bill 353 will legalize drug testing strips, currently considered under the umbrella of drug paraphernalia — a crime leading to a Class A misdemeanor.
In Kentucky, 2,250 Kentuckians died from a drug overdose, according to the 2021 Drug Overdose Report, with the significant increase mostly coming from the increase in fentanyl. Often, drug users don’t know the drugs are laced with fentanyl or other substances used to cut the product.
“With Kentucky experiencing record rates of drug overdoses and those suffering from substance abuse disorder, we must do everything we can to help lessen these numbers,” said Rep. Kim Moser (R-Taylor Mill), the bill’s primary sponsor.
The strips allow drug users to test for the presence of chemicals, toxic substances, or hazardous compounds in controlled substances.
“Availability of testing strips without fear of being charged with a misdemeanor is crucial for those suffering from this disorder,” Moser said. “If a person with a substance abuse disorder uses a controlled substance, they should be aware of what is in the drug and be warned if fentanyl has been cut into the drug.”
The Kentucky Harm Reduction Coalition, Kentucky Opioid Response Effort, and NEXT Distro have mailed these test strips to Kentuckians. Still, some groups fear that distributing them will cause legal issues.
“With police departments and other emergency responders already carrying and administering NARCAN, a medicine used for the treatment of a known or suspected opioid overdose emergency, it makes sense to prevent these overdoses on the front end,” said Jennifer Hancock, president, and CEO of Volunteers of America Mid-States, a Smart on Crime partner organization. “It may afford another day where we can get an individual into recovery.”