Gov. DeSantis approves move to decriminalize fentanyl test strips in Florida

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In a move that proponents predict will save countless Florida lives, Gov. Ron DeSantis has approved a bipartisan measure decriminalizing an easy and cheap way to test potentially harmful substances for deadly fentanyl.

The measure (SB 164), which both chambers of the Legislature approved unanimously, simply removes fentanyl test strips from Florida’s list of banned drug paraphernalia.

That simple change will provide people with an inexpensive, simple way to avoid exposure to the dangerous, incredibly potent synthetic opioid, according to Parkland Democratic Rep. Christine Hunschofsky, who co-introduced a similar House version of the bill with Fort Pierce Republican Rep. Dana Trabulsy in January.

“Fentanyl test strips don’t make people do drugs,” Hunschofsky said before the bill passed May 4. “They don’t stop people from doing drugs. They stop people from dying, and that’s the goal.”

Trabulsy, who was pivotal in advancing the measure behind the scenes in the GOP-dominated Legislature, stressed how vital test strips are in helping people determine whether a drug contains otherwise undetectable fentanyl.

“Fentanyl deaths are on the rise, and it is almost impossible to tell if a drug has been laced without test strips,” she said in a statement. “The implementation of this bill will provide an inexpensive and effective way to avoid unintentional overdoses.”

Boca Raton Sen. Tina Polsky carried SB 164 with co-sponsorship from Senate Democratic Leader Lauren Book of Plantation and Boynton Beach Sen. Lori Berman, a fellow Democrat.

DeSantis signed the measure, effective July 1, on Tuesday.

Polsky said her measure provides an accessible means to reduce harm that has been widely accepted by the medical community.

“In many cases, teens are dying from counterfeit prescription pills that contain fentanyl,” she said. “It’s past time that our state joins more than 35 states led by both Republicans and Democrats that have adopted similar laws.”

More than 6,150 people in Florida died in 2020 from overdoses involving fentanyl, according to the Department of Health, which says the drug’s strength is roughly 50 to 100 times that of morphine. While that number fell by 52% in 2021, the most recent year for which there are readily available figures, it still led all other illegal drugs in the state in contributing to fatal overdoses.

For some, there’s a misconception that fentanyl is a danger only to habitual illicit drug users, but that’s far from the truth, Trabulsy said.

“It could be your mom. It could be your dad. It could be your brother, your sister. It could be your children who are in college that are saying, ‘Man, I can’t stay up to study tonight,’ (and) take an Adderall,” she said.

“You don’t know where those drugs come from, and the best thing we can do is equip people with the tools to be able to save their lives, because I can tell you the last thing anybody wants to do is take their life by taking drugs.”

Fentanyl test strips, which cost about $1 per strip and are 96-100% accurate, could trim those numbers significantly. The White House endorsed them in 2021 and now allows them to be purchased using federal grants. But they’re illegal in many states, including Florida, thanks to bans on paraphernalia to which fentanyl test strips were added.

“The idea was that we didn’t want to encourage people to take fentanyl. Well, no one wants to take fentanyl. Everybody knows it’s deadly,” Republican Rep. Ralph Massullo of Inverness said. “This is a good bill. Hopefully, it’ll stop a lot of the deaths. But we do need a lot stronger borders to stop (it) from getting here to begin with.”

Lawmakers nationwide have tried to unban the test strips. Some succeeded in one form or another over the past couple of years, including those in Arizona, Delaware, Maine, Massachusetts, Minnesota, Nevada, New Mexico, Tennessee, West Virginia and Wisconsin.

Until last month, no such efforts — including one last year by former Brandon Democratic Rep. Andrew Learned and Miami Gardens Democratic Sen. Shevrin Jones — succeeded in Florida. But it came close.

“When we heard it last year on the House floor and people were opposed to it, it was kind of like a so-you-would-rather-let-people-die moment,” Delray Beach Democratic Rep. Kelly Skidmore said ahead of the bill’s passage.

“This is such an important bill, and it may seem like it’s just making sure people have access to this one little thing,” she said. “But it’s huge, and it will absolutely save lives.”