New law legalizes fentanyl test strips

SANDUSKY — Harm reduction advocates trying to reduce the large number of drug overdose deaths in Ohio are hailing a new state law that has provisions aimed at saving lives. Senate Bill 288 is a long criminal justice reform measure approved by large bipartisan majorities last month. Gov. Mike DeWine signed it into law on Jan. 3. The best-publicized provision of the huge bill, 499 pages long, is a ban on drivers holding a cellphone in their hand when a vehicle is moving. Law enforcement officers will be able to stop people seen using a phone in a moving car. But the measure also includes a provision making it legal to use fentanyl test strips, allowing drug users to determine if the often-deadly drug has been mixed into another drug. In addition, Senate Bill 288 provides stronger legal protections to people who call for help after witnessing a drug overdose. Both provisions were backed by organizations such as Harm Reduction Ohio and HEAL Ohio. "Fentanyl test strips are small strips of paper that can detect the presence of fentanyl in all different kinds of drugs — cocaine, methamphetamine, heroin, etc. — and drug forms — pills, powder, and injectables," the CDC explains. Until now, possession of fentanyl test strips has been a fourth-degree misdemeanor in Ohio. There have been no known prosecutions, and organizations in Ohio have been known to give them away, including Sandusky Artisans Recovery Community Center in Sandusky. But according to Harm Reduction Ohio, the fact that fentanyl test strips are illegal in Ohio has made it harder to obtain government funding and foundation grants to distribute them. Passage of the measure clears the way to make them more widely available. Fentanyl test strips may be ordered from birdielight.org, the website for Birdie Light, a national organization based in Ohio that worked with state Rep. Kristin Boggs, D-Columbus, to get the test trips provision enacted into law. Birdie Light was founded by Dr. Beth Weinstock, a physician whose son, Eli Weinstock, 20, died from a drug overdose in March 2021. "Eli was unaware that fentanyl was in what he took. He did not intend to die. Over 100,000 people died from an overdose in the last year alone. I repeat: 100,000 people. In. One. Year," the Birdie Light website says. Fentanyl has become a common additive in many drugs sold in the black market, including heroin, cocaine and in pills that are counterfeits for legal pills. Joey Supina, co-founder of Sandusky Artisans, said his organization has given out fentanyl test strips in the past. He said he supports the provision in the new law. Fentanyl has made it very dangerous to buy drugs on the street, Supina said. "You never know what is going to be in that," he said. "Fentanyl is in everything. Anything that would help prevent a death or an overdose complication of any kind, we are in favor of." Supina said he's aware some people oppose giving out fentanyl test strips because, they believe, they encourage people to use illegal drugs. Such arguments apparently misunderstand the nature of addiction, Supina said. "They are going to use whether or not we give them a fentanyl strip," he said. The new law also strengthens existing "good Samaritan" provisions in state law that are designed to encourage people to report drug overdoses and summon help without having to worry about being arrested when police arrive. Under current law, people who report overdoses aren't supposed to be arrested for minor drug possession. The new law expands the protections. For example, it also bans arrests for drug paraphernalia possession if a person summoned help. It also protects people who are on probation. The help that's protected under the new law includes calling 911, contacting a police officer or taking someone to the hospital. The new measure does have some limitations. People who report an overdose are expected to be screened for drug use and treated for any apparent problem. And you can't get the immunity more than two times. Still, it's much better protection than the previous law, which according to Harm Protection Ohio was "weak and full of holes." Although fentanyl test strips are a useful tool for checking the risk of an illegal drug, they are not 100% accurate. For example, it's possible fentanyl isn't everywhere in your drug. This is known as the "chocolate chip cookie effect." Top 5 tips The safest way of dealing with dangerous drugs that might be laced with fentanyl is, of course, not to use them. But if you are a user and you haven't been able to stop, here are the CDC's top five tips to avoid suddenly dying of a drug overdose: • Keep naloxone (often known as Narcan) readily available on you or at home; Naloxone is available free from the Erie County Health Department. • Avoid mixing drugs; That's often a good recipe for a fast death. • Don't rely on a previous drug source or your own experience to keep you safe; Buying drugs on the black market can produce unpleasant surprises. • Never use drugs alone; Many people are found dead before anyone realizes something went wrong. • Ask for help if you are ready to get treatment; Call or text 988, for example, or visit the website of the ADAMHS Board of Erie County, adamhserie.org. You don't have to have money to obtain treatment; the ADAMHS Board of Erie County exists specifically to make sure everyone can get treated for substance use disorder or for mental health problems.