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Senate bill decriminalizing fentanyl test strips breezes through second committee stop

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Sen. Tina Polsky

Sen. Tina Polsky

The measure by Sen. Tina Polsky to legalize fentanyl testing strips, made a brief favorable stroll through its second committee stop in the Senate Judiciary Committee March 7.

Polsky’s bill, SB 164, amends F.S. §893.145 to revise the definition of “drug paraphernalia” to exclude certain narcotic drug-testing products, specifically those products that are used to determine whether a controlled substance contains fentanyl.

“Fentanyl test strips are simple, inexpensive strips of paper that save lives by detecting the presence of deadly fentanyl in any drug batch via pills, powders, or injectables,” Polsky, D-Boca Raton, said. “This reduces the risk of overdose [by allowing] a person using drugs to make an educated decision about their personal safety.”

Polsky said the drug overdose epidemic continues to worsen in the United States as the number of deaths grew by more than 15% in 2021.

“The grim total is fueled by a 23% rise in the number of deaths due to fentanyl,” Polsky said.

Polsky went on to quote data from the Florida Medical Examiners Commission that stated Florida saw a 10% increase in those who died from an accidental drug overdose from 7,525 in 2020 to 8,257 in 2021.

“In many cases, teens are dying from counterfeit prescription pills that contain fentanyl, an opioid 50 times more potent than heroin and 100 times stronger than morphine,” Polsky said.

Polsky said it’s past time for Florida to join the more than 35 other states led by both Republican and Democratic state legislatures that have adopted similar laws.

To Polsky’s bipartisan point, of the nearly 10 appearance cards waiving in support of the measure, one came from the conservative political advocacy group, Americans for Prosperity, which is funded by Charles Koch, a point that didn’t go unnoticed by the South Florida Democrat.

“Any time you can get Americans for Prosperity and me on the same bill, I say go for it,” Polsky said. “Please help me save lives by passing this.”

Without debate, the measure passed through committee by a 12-0 vote and will be reported favorably to its third and final stop in the Senate Rules Committee.

The identical companion bill in the House filed by Rep. Christine Hunschofsky, D-Parkland, was reported favorably by the House Criminal Justice Subcommittee and now sits before the House Judiciary Committee.

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