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State legalizes fentanyl test strips

In Pennsylvania, possession of drug paraphernalia is an ungraded misdemeanor that typically carries penalties including up to one year in jail, up to $2,500 fine, or both.

Possessing an item that can determine if a drug contains potentially lethal additives is no longer a crime.

Until Jan. 1, fentanyl test strips were considered drug paraphernalia.

Police have said they suspect that fentanyl, or fentanyl-laced drugs, have been the cause of recent overdoses in the Warren County community.

“Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine,” according to the Center for Disease Control and Prevention (CDC). “It is a major contributor to fatal and nonfatal overdoses in the U.S. Fentanyl and other synthetic opioids are the most common drugs involved in overdose deaths.”

“Even in small doses, it can be deadly,” the CDC. says “Over 150 people die every day from overdoses related to synthetic opioids like fentanyl.”

The last line in an amendment to the controlled substance, drug, device, and cosmetic act, changed the rules regarding fentanyl test strips.

The changes were introduced by prime sponsor Rep. James Struzzi II (R-62) and passed by the House in June with all members who were present voting in favor. It was then passed unanimously by the Senate in October and signed into law by Gov. Tom Wolf on Nov. 3.

As a result of the changes, the term ‘drug paraphernalia’… “does not include testing products utilized in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds in quantities which can cause physical harm or death. The term ‘testing products’ shall include, but is not limited to, fentanyl test strips.”

According to CDC, “Fentanyl test strips (FTS) are a low-cost method of helping prevent drug overdoses and reducing harm. FTS 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).”

“Drugs may contain deadly levels of fentanyl, and you wouldn’t be able to see it, taste it, or smell it,” according to CDC. “It is nearly impossible to tell if drugs have been laced with fentanyl unless you test your drugs with fentanyl test strips. Test strips are inexpensive and typically give results within 5 minutes, which can be the difference between life or death.”

“FTS provide people who use drugs and communities with important information about fentanyl in the illicit drug supply so they can take steps to reduce risk of overdose.”

CDC cautions that the tests are not a guarantee against overdose.

The agency recommends keeping naloxone at hand in case of overdose and to “make sure the people around you are aware when you have taken drugs in case they need to give you naloxone or call for emergency assistance.”

Starting at $3.50/week.

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