Measure legalizing fentanyl testing strips ready for Senate floor, but not without questions
Sen. Tina Polsky
The measure to revise the definition of “drug paraphernalia” to exclude certain narcotic drug-testing products, specifically those used to determine whether a controlled substance contains fentanyl, passed out of its final committee March 22 and is ready for the Senate floor.
SB 164, by Boca Raton Democrat Sen. Tina Polsky, was voted out of the Senate Rules Committee unanimously, but not before questions were raised that could serve as a future roadblock.
Committee Vice Chair Keith Perry, R-Gainesville, said while he understands that current fentanyl testing strips provide a “yes or no” response to the detection of the potent opioid, his concern is whether the bill would prohibit assessing the quantities or percentages of the drug in the product.
“How hard would it be to put in there that [the test] can only be positive or negative not percentage or potency?” Perry asked. “Is that something you could include later in your bill?”
Polsky said the measure says “testing products” because they are leaving the language open to accommodate new technologies. While she was initially unclear on the technical side of Perry’s question, committee Chair Debbie Mayfield, R- Melbourne, interjected.
“I was concerned about the same thing, and we did look it up. It’s almost like a pregnancy test. It says pink is yes and the other is no,” Mayfield said. “The strip doesn’t say the milligrams of what it is based on what we researched into the strip.”
Perry’s believes the bill in its current posture could legalize advanced strips dealers could use to accurately measure and cut their drugs.
“We purposely left it vague because we don’t know what the products might look like in the future,” Polsky said. “I understand what you are talking about — you don’t want drug dealers measuring out the least amount of fentanyl possible to not get caught or kill people, but I think in order to keep it open for any future technology we have to keep it general like this.”
While Perry voted up on the measure he made it clear that his yes vote is not guaranteed.
“I’m going to support it today, but I won’t support it again unless you have changes made,” Perry said. “What we could be doing is empowering dealers to use fentanyl. We don’t want dealers to have more tools legally in the state of Florida. I would encourage you to look at that language.”
Aside from Perry’s concerns, the bill received bipartisan praise. Democratic Leader Lauren Book, D-Plantation, said the bill will save lives.
“This is one piece of the puzzle to make sure that folks across our state are being kept safe,” Book said.
Sen. Darryl Rouson, D-Tampa, told the committee harm reduction is necessary.
“It’s about saving lives and no one wants people using drugs, especially illegal drugs. But if it’s going on and we want to help save lives, this strip will do that,” Rouson said.
Pensacola Republican Doug Broxson said Polsky’s bill was on the right path.
“We’ve historically been very hesitant to move on these issues because we’re afraid that it would encourage use,” Broxson said. “But now we’re entering a new era where we’re seeing very aggressive use of certain drugs. We know the innocent are being affected. People who had no intention of ever taking an illegal drug have been impacted. I think we’re going to see more of this type of legislation in the future as cartels and foreign entities begin to use this as a tool to terrorize our young people and adults.”
Mayfield said she put the bill before the committee following a conversation with her own state attorney, Phil Archer.
“He was very much in favor of it as all the other state attorneys were in favor of it because . . . kids are dying. Fentanyl is coming across the border and things are being laced with fentanyl that kids do not know are being laced,” Mayfield said.
While Mayfield shares Perry’s concerns, she weighed that against a life that could potentially be saved by decriminalizing the strips.
Polsky said she is happy to investigate Perry’s concerns before the bill is heard on the floor but maintained that will not preclude her from moving forward.
“I don’t want to cut off any future better testing strip that is different from a yes or a no,” Polsky said.
Polsky reminded the committee that the fentanyl crisis does not only impact drug addicts.
“A lot of it is college kids who take someone’s Adderall because they need to stay up and study for an exam. If that Adderall was purchased illegally, it’s very possible that it’s laced with fentanyl. It could be your niece, nephew, son, or daughter in college that this happens to,” Polsky said.
