By Bob Katzen
The Senate 39-0, approved and sent to the House legislation that would legalize the sale, possession and distribution of fentanyl test strips as well as other testing equipment used to identify fentanyl in a drug.
The measure includes a “Good Samaritan” provision that exempts from liability “any person who, in good faith provides, administers or utilizes fentanyl test strips or any testing equipment or devices solely used, intended for use or designed to be used to determine whether a substance contains fentanyl or its analogues.”
Supporters said that fentanyl test strips help prevent overdoses by enabling drug users to determine whether a substance contains fentanyl, the opioid that was present in 93 percent of fatal overdoses in the first three months of 2023. They said that under current law fentanyl test strips are considered drug paraphernalia – causing police departments and harm reduction organizations that are interested in distributing them to be concerned that the distribution would subject them to criminal or civil liability.
“The idea for this bill came to me from Newton Police Chief John Carmichael,” said sponsor Sen. Cindy Creem (D-Newton). “The department wanted to distribute fentanyl test strips to help prevent overdoses, but they discovered that state law stood in the way of them doing so. As the fentanyl crisis has worsened across the country, a majority of states have already moved to legalize these affordable, lifesaving test strips. It’s time for the commonwealth to do the same. By passing this bill, we will empower police departments and community organizations to distribute fentanyl test strips and save lives.”
“We know two things in Massachusetts as facts: opioids take far too many lives in our state and fentanyl test strips save them,” said Senate President Karen Spilka (D-Ashland). “By voting to legalize fentanyl test strips, the Senate is taking a commonsense action step to save lives in our state—and we know it works.”
“I am proud to report out this bill from the Judiciary Committee,” said Sen. Jamie Eldridge(D-Acton), the Senate chair of the Judiciary Committee. “It represents a commonsense criminal justice reform that will better address substance use challenges.”
(A “Yes” vote is for the bill.)
Sen. Patricia Jehlen Yes