LOCALIZE IT: More states are legalizing fentanyl test strips to combat opioid deaths

Decriminalizing Fentanyl Test Strips (Copyright 2023 The Associated Press. All rights reserved)

EDITORS/NEWS DIRECTORS:

A growing number of states are decriminalizing fentanyl testing strips, seeking to protect people who use drugs from unwitting exposure to the highly potent synthetic opioid ravaging the U.S. with overdose deaths.

The strips can detect fentanyl in cocaine, methamphetamine, heroin and many other drugs — whether in pills, powders or injectables — and have the support of the U.S. Centers for Disease Control and Prevention as a way to help prevent fentanyl overdoses. But the strips are still technically illegal in some states under drug paraphernalia laws dating back decades, though little, if any, prosecution for their possession has been recorded anywhere nationwide.

Now at least 20 states, including several just this year, have legalized the test strips in a bid to combat rising deaths from the ever-present opioid crisis.

Here's a look at the impact this decriminalization could have and what states are legalizing the strips:

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AP’S COVERAGE

Life-saving fentanyl test strips still illegal in some states under ’70s-era war on drugs law

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STATE LEGISLATURES THAT DECRIMINALIZED THE STRIPS THIS YEAR (2023)

— Ohio

— Pennsylvania

— Mississippi

— South Dakota

— Kentucky

— Kansas

— Utah

— Florida (awaiting governor's signature)

— Hawaii (awaiting governor’s signature)

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STATES WITH LEGISLATION TO DECRIMINALIZE STILL PENDING

— Texas

— Montana

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PUBLISHABLE CONTEXT

Fentanyl has driven overdose deaths in the U.S. since 2016, and that isn’t changing as the cheaper and deadlier synthetic opioid continues to be cut into the drug supply. Approximately 75,000 of the nearly 110,000 overdose deaths of 2022 could be linked to fentanyl, according to data from the U.S. Centers for Disease Control and Prevention. Legalizing test strips could bring those numbers down, advocates say, saving lives by helping more people understand just how deadly their drugs could be.

The CDC recommends fentanyl test strips as a low-cost means of helping prevent drug overdoses.

Yet these small paper strips are still considered illegal in some states, outlawed under drug paraphernalia laws dating to the 1970s era war on drugs — long before fentanyl began seeping into the nation’s drug supply. Every state but Alaska had an anti-paraphernalia law on the books by the mid-1980s, making materials used for testing and analyzing illicit substances illegal.

Increasingly, the strips are now being seen as a potentially life-saving.

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STATE-BY-STATE OVERDOSE NUMBERS

The U.S. Centers for Disease Control and Prevention have a dashboard on the number of overdose deaths. To see the data by drug, use the dropdown menu under “Options” to select “12 Month-ending Provisional Number of Drug Overdose Deaths by Drug or Drug Class.” And to see data for your state only, select it under “Select jurisdiction.”

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SUGGESTED REPORTING THREADS

— What is your state’s history with the opioid crisis, and how great of an impact has that had on those who live there? Is fentanyl a large part of that impact? How many overdose deaths in your state have resulted from fentanyl?

— While legalization of the strips is growing, the push to do so is fairly recent. Many organizations, including state entities, have been passing out these technically illegal strips for years. Ask how that process as worked for them. Have they received pushback? If so, has it been cultural, or even legal? Or, have they not received any? Why do they think that is?

— What smaller, local organizations are handing out the strips? As illustrated in the story, this could be a small nonprofit or even a community barbershop. Consider where this is impacting people at the ground level, not just through larger state entities that those in the community struggling with addiction may not trust.

— Try to get specific numbers on how many of the strips are passed out by different local entities and organizations. This may help indicate need in the community.

— Consider the angle that fentanyl strips are not just for people struggling with addiction, but also for those who may use drugs recreationally at parties, concerts and clubs.

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ADDITIONAL RESOURCES

— Information on fentanyl test strips from the CDC

— The Harm Reduction Legal Project, which conducts research on harm reduction strategies and tracks harm reduction related policies and laws. See their work on evidence for fentanyl strips, as well as a 50-state survey on the legality of the strips (2022.)

— DanceSafe, one of the top online retailers of the strips. Find average prices for the strips here.

— Drug Policy Alliance, a nonprofit that seeks to shape drug policy at the national level in the U.S.

— County and state boards dealing specifically with health and addiction often partner with other organizations to distribute these strips, even in states where they are not technically legal. Research who they're working with and you'll often be led to more “on the ground” sources.

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MORE AP COVERAGE

— To avoid overdoses, some test their heroin before taking it

— As fentanyl drives overdose deaths, mistaken beliefs persist

— Drug overdoses in the US slightly increased last year. But experts see hopeful signs

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Localize It is an occasional feature produced by The Associated Press for its customers’ use. Questions can be directed to Katie Oyan at koyan@ap.org.