Commonsense harm reduction strategy proven to encourage safer consumption behavior, save lives

BOSTON (1/4/2024)—Today, the Massachusetts Senate debated and unanimously passed An Act relative to fentanyl test strips—S.2543—legislation to help prevent overdoses and save lives by making legal the sale, possession, and distribution of fentanyl test strips, and other testing equipment used to identify fentanyl, in the Commonwealth.

If passed into law, the bill would add a potent tool to support drug users in knowing whether they are consuming fentanyl. Fentanyl test strips are a proven harm reduction strategy that have been shown to help drug users engage in less risky behavior, including by discarding drugs, reducing doses, using drugs more slowly, using drugs with someone else around, or keeping naloxone nearby. 

“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 E. 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’m grateful to Majority Leader Creem for taking the lead on this legislation, and to Chair Rodrigues and Chair Eldridge for their support in the committee process.”

“Legalizing the sale and distribution of fentanyl test strips is a commonsense harm reduction strategy that will save lives in Massachusetts,” said Senate Majority Leader Cynthia Stone Creem (D-Newton), lead sponsor of the bill. “As the fentanyl crisis has worsened across the country, a majority of states have already moved to legalize this lifesaving and cost-effective measure. 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 help prevent overdoses.”

“I’m pleased the Senate acted swiftly to pass this commonsense bill regarding fentanyl testing strips. It’s highly important to distinguish this testing equipment from the scourge of fentanyl drug abuse, and it will serve as another tool we have to combat this insidious epidemic,” said Senator Michael J. Rodrigues, (D-Westport) Chair of the Senate Committee on Ways and Means.

“I am proud to report out this bill from the Judiciary Committee. It represents a commonsense criminal justice reform that will better address substance use challenges,” said Senator James B. Eldridge (D-Acton), Senate Chair of the Judiciary Committee.

Fentanyl-related overdoses are far too frequent in Massachusetts. 2,323 people suffered from overdoses in Massachusetts between October 1, 2022, and September 30, 2023, and in the first three months of 2023, fentanyl was present in 93% of fatal overdoses. According to the most recent data from the Department of Public Health, opioid-related deaths rose 2.5% in 2022, with Black residents accounting for the largest increase.

In 2020, the Department of Public Health had success with a pilot program in which they collaborated with six police departments across the state to distribute fentanyl test strips. Though outcomes were positive, there was significant confusion over the legal status of fentanyl test strips and whether they could be classified as drug paraphernalia, which would make possession punishable by statute.

If passed into law, S.2543 would remove such a barrier to harm reduction by addressing any lingering concerns about criminal or civil liability by including 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.”

The legislation brings Massachusetts into line with 36 states, plus the District of Columbia, that have legalized fentanyl test strips.

Having passed the Senate, the bill now heads to the Massachusetts House of Representatives for consideration.