Measure to legalize fentanyl test strips heads to DeSantis

Legislation aimed at reducing deadly drug overdoses, by legalizing fentanyl test strips in Florida, has passed the state Senate and House, and is on its way to Gov. Ron DeSantis’ desk. “I think it will save lives,” Mary Beth Creighton of Boynton Beach said Thursday. “But we just can’t stop there because there is so much still happening.”

Creighton has been sounding the alarm about fentanyl since her son, Zach Creighton, died the night of Dec. 12, 2022, at age 31 from a fentanyl overdose in West Palm Beach.

The work brought her to Tallahassee where she testified earlier this year in support of the legislation, sponsored by state Sen. Tina Polsky, D-Boca Raton, and state Rep. Christine Hunschofsky, D-Parkland.” Harm reduction is one of the steps that we have to take to fight this war on drugs, this war on fentanyl,” Creighton said. “It’s a huge problem.”

Fentanyl deaths can happen in many ways, Often, someone using a recreational drug or supplement — a teen who pops what they think is an ADHD pill from a friend, a student who uses marijuana, an adult who takes cocaine — can die if the drug has been laced with fentanyl unbeknownst to them.

“The message, again, has to be to people — if you get a so-called prescription pill from somebody and it doesn’t come from the pharmacy, it could have a lethal dose of fentanyl in it,” Creighton said. “It’s consumed unknowingly. But at least with the strips they will know.”

The test strips can detect the presence of fentanyl — which is deadly and is increasingly being added to supplements and illegal drugs.

The steps for using the strips are somewhat different depending on the drug being tested, according to a fact sheet on the Centers for Disease Control and Prevention website. Typically, testers mix a small amount of the drug in question with water and briefly dip the strip. After the strip is removed from the water it takes a few minutes to show the results.

In 2021, state statistics show that fentanyl caused 5,791 deaths in Florida, a 9% increase from 2020 — and a 77% increase from 2019.

Reports from the Florida Medical Examiners Commission show fentanyl was responsible for more than double the deaths caused by cocaine, the cause of the second-highest number of drug-related deaths, in 2020 and 2021.

In 2021, there were a total of 568 deaths in Broward, 479 in Palm Beach County and 299 in Miami-Dade County.

Test strips are available for $1 or $2 on Amazon, and in many states they’re distributed by health departments and social service agencies. The result is known in about five minutes or less.

“At a time when we are experiencing record deaths due to fentanyl-laced drugs, it is our responsibility to do all we can to prevent future deaths. By legalizing fentanyl test strips in the state of Florida, we are adding another tool in the harm reduction toolbox that we know will save lives,” Hunschofsky said in a statement.

The measure had support from Democratic and Republican lawmakers; it passed unanimously in both the Senate and in the House, which took final action on Wednesday.

State Rep. Dana Trabulsy, R-Fort Pierce, another sponsor of the legislation, said in a statement that “fentanyl deaths are on the rise, and it is almost impossible to tell if a drug has been laced without test strips. The implementation of this bill will provide an inexpensive and effective way to avoid unintentional overdoses.”

An attempt to legalize the test strips a year ago foundered when it was opposed by Republicans in the Florida House, despite an intense lobbying campaign that included family members who lost loved ones to fentanyl overdoses.

“The law should have been changed last session, but now we have a chance to do the right thing this year and save lives. It’s past time that our state joins the 22 other states that have adopted this law,” Polsky said in a written statement.

The test strip legislation was supported by state attorneys Dave Aronberg in Palm Beach County and Harold Pryor in Broward.

If DeSantis signs Senate Bill 164 into law, narcotic drug testing products used to determine if a controlled substance contains fentanyl, fentanyl-related compounds, fentanyl derivatives, analogs of these substances, and mixtures containing any of these substances or any analogs, would no longer be considered “drug paraphernalia.” Possession of the strips would no longer subject someone to arrest.

On Monday, DeSantis signed House Bill 1359 into law. It imposes prison sentences up to life and makes it a first-degree felony to possess, sell, or manufacture fentanyl and other controlled substances that resemble candy.

Creighton said that legislation was the right move. “We still need to approach it from a law-and-order perspective.”

Tuesday, May 9, is National Fentanyl Awareness Day. Information is at fentanylawarenessday.org.