New Bill Legalizes Carrying Fentanyl Testing Strips, Aims To Lower Overdoses

A bill on its way through the Capitol aims to make illegal substances safer. The bill, HB 1987, will clearly define whether fentanyl testing strips are considered drug paraphernalia.

Right now, prosecutors could argue either way if someone caught with the testing strips had drug paraphernalia on them. HB 1987 would make the gray area a little more black and white, and the author's hope is it'll help keep those who try to get clean, alive.

Overdose calls are ones first responders answer all too often.

"Hospitals in the Oklahoma City and Tulsa area are full of patients. Seven to ten patients on an average night that are in there from an overdose of some type of opiate and in many cases, it ended up being fentanyl," explained Oklahoma Bureau of Narcotics Spokesman, Mark Woodward.

At any given week the Oklahoma Bureau of Narcotics has multiple investigations that look into fentanyl caused overdoses, Woodward said.

The bill's author, Representative Mickey Dollens said the state has already legalized Narcan use and has a needle exchange program to help combat opioid addiction. Clarifying the legality around fentanyl testing strips via HB 1987 is the next logical step.

"To make sure that those are taking drugs, which we don't condone, at least are taking what they think they are," said Rep. Dollens. “You take a test strip and dip it in and after 15 seconds it's going to give you a negative or positive result. That 15 seconds can be the difference between life and death."

As it stands now, the test strips legality is in the eye of the beholder; but a clear definition of them as legal for personal use could make litigation shy non-profits take up arms and put them to use.

"They [non-profits] said that if it were clear and in statute, they could start buying the fentanyl testing strips and handing them out," said Rep. Dollens.

One concern OBN has is the strips could give users a false sense of security because the fentanyl test strip doesn’t always show that it is present, which may lead to an overdose.