State lawmakers in Texas advanced legislation in a 143-2 vote to legalize testing strips that can detect fentanyl, a bill that would override existing state drug laws if enacted.
Texas House Representative Tom Oliverson’s (R-Cypress) HB 362 calls for the decriminalization of strips, stating that a violation of state law would not be committed if “a person who uses, possesses with the intent to use, delivers, possesses with intent to deliver, or manufactures with intent to deliver testing equipment that identifies the presence of fentanyl, alpha-methylfentanyl, or any other derivative of fentanyl.”
Fentanyl testing strips are currently considered drug paraphernalia in the state’s criminal code. Still, they can be used effectively to detect whether fentanyl is present in some drugs that are trafficked in powder or pill form.
Oliverson spoke on Monday, imploring his colleagues to vote for his bill.
“Overdose deaths continue to skyrocket as fentanyl floods across our southern border, and we need a way to combat the crisis. Decriminalizing test strips is one way to do that,” Oliverson said, according to The Texas Tribune.
The passing of the bill by the Texas House comes at a time when fentanyl-related overdose deaths are on the rise in the Lone Star State. They have increased by roughly 500% since 2019, per Texas Health and Human Services.
It is an especially serious problem in Dallas, where Dallas Fire-Rescue deployed Narcan — a life-saving drug that can reverse the symptoms of an opioid overdose — 70% more in 2022 than in 2021, as previously reported in The Dallas Express.
Citizens have spoken up in favor of the measure as well.
“Empowering all Texans to test any pills that they may happen to purchase for the presence of fentanyl is going to save lives,” said Austin-based criminal defense attorney Rick Cofer, speaking with WFAA.
The bill will be taken up in the State Senate next, where it will likely be passed in some form. Additionally, Governor Greg Abbott has expressed his support for the legislation, suggesting he would sign it into law.
