S2484-118

1. Short title This Act may be cited as the Expanding Nationwide Access to Test Strips Act.

2. Findings Congress finds the following: According to the Centers for Disease Control and Prevention, over 109,000 people in the United States died from drug overdoses in 2022, with 69 percent of those deaths involving synthetic opioids like fentanyl. According to the Centers for Disease Control and Prevention, by 2021, the rate of drug overdose deaths involving xylazine was 35 times higher than the 2018 rate. One significant contributing factor to the increase in drug overdoses is individuals are often unaware their drugs are laced with synthetic opioids and other dangerous substances. In 2021, 92 percent of drug overdose deaths in the United States were unintentional. Drug test strips play a critical role in saving lives by effectively detecting the presence of fentanyl, xylazine, and other adulterants in various drugs and forms including pills, powder, and injectables. Studies show that individuals with access to testing strips regularly use them before drug consumption, leading to a higher likelihood of modifying their drug use behavior or abstaining from drug use, thereby reducing the risk of drug overdoses. In 2021, the Centers for Disease Control and Prevention and the Substance Abuse and Mental Health Services Administration announced the authorization of Federal funding to acquire fentanyl strips to address this crisis. As of the date of enactment of this Act, approximately 36 States and the District of Columbia have legalized the use of fentanyl test strips. However, in fewer than a dozen States, fentanyl test strips are still categorized as drug paraphernalia, limiting access to these life-saving tools for many individuals. While many States have decriminalized fentanyl strips, the criminalization of xylazine strips remains prevalent in several States, even as xylazine poses an emerging threat. Ensuring access to these test strips is justified under congressional regulation of interstate commerce, as these strips are consumer products that involve economic transactions, including the shipment of goods, provision of services, and purchases across State lines.

3. Access to drug testing technologies In this section, the term life-saving drug testing technologies means devices, including test strips, that can detect the presence of fentanyl, xylazine, or other adulterants in drug samples prior to use. A State— shall not prohibit an individual from obtaining, possessing, distributing, or using life-saving drug testing technologies; and shall not prosecute an individual solely for obtaining, possessing, distributing, or using life-saving drug testing technologies.