Arkansas SB 40: Excluding Fentanyl Test Strips from Drug Paraphernalia Definition

Amid the United States’ ongoing drug overdose crisis, Arkansas is one of a handful of states that still bans drug-checking equipment such as fentanyl test strips (FTS). Why does that matter? Last year, approximately 621 people in Arkansas died of a drug overdose, an increase of almost 9 percent compared to the year before. Further, as in the rest of the country, highly potent synthetic opioids such as fentanyl and its analogs are driving the state’s overdose surge: These substances, which are roughly 50 times more potent than heroin and have a narrow threshold between desired and dangerous effects, can be found in illicit opioids, counterfeit pills and mixed into stimulants. As such, many people do not realize they have consumed illicit fentanyl until it is too late.

Unfortunately, abstinence-only approaches are not an effective population-level solution to substance use. Harm reduction, on the other hand, includes non-judgmental education and practical resources that help people make healthier choices and reduce risks. FTS are a portable, easy-to-use tool that can detect fentanyl and many of its analogs, thus providing people at risk of an overdose with information that can empower them to make safer decisions and that could save their lives.

What to Know About SB 40:

• It amends Arkansas’ current “drug paraphernalia” law to exclude disposable fentanyl test strips.

Learn more about this issue here:

• “Lifesaving fentanyl test strips illegal in Arkansas”
• “Arkansas woman distributes fentanyl test strips to honor her brother despite it being a felony”
• “Five Things to Know About Fentanyl Test Strips”
• “As Overdoses Soar, More States Decriminalize Fentanyl Testing Strips”

More Eggcellent Info

• In Florida, SB 164 would exclude equipment that tests for fentanyl from its definition of “drug paraphernalia.”
• New Hampshire’s HB 470 would permit the possession and use of “drug checking equipment,” including but not limited to fentanyl test strips.
• Arkansas has already adopted other harm reduction tools, such as its Naloxone Protocol, which allows pharmacists to administer and dispense the opioid reversal medication.

To learn more about this issue, contact Mazen Saleh and Stacey McKenna.