WASHINGTON – U.S. Senators Chris Coons (D-Del.) and John Cornyn (R-Texas) introduced the bipartisan Fentanyl Safe Testing and Overdose Prevention Act, which would help prevent deaths from fentanyl poisoning by increasing access to fentanyl test strips. This legislation would amend the Controlled Substances Act, which bans the use, sale, import, and export of drug paraphernalia, and make clear that testing strips for fentanyl and xylazine are not drug paraphernalia. Companion legislation is being led in the U.S. House of Representatives by Congresswoman Jasmine Crockett (D-Texas) and Congressman Lance Gooden (R-Texas). 

“The fentanyl and xylazine crisis is inflicting unspeakable harm on communities in Delaware and across America. We must promote the use of tools that can prevent unnecessary tragedies,” said Senator Coons. “I am proud to introduce this bipartisan bill with Senator Cornyn and my colleagues to make expressly clear under federal law what is already common sense: Testing strips save lives and should be readily and legally accessible throughout the country.”

In 2022, 68% of the 107,081 reported drug overdose deaths were from synthetic opioids, mainly fentanyl. Xylazine has been increasingly found in fentanyl products, and the percentage of fentanyl-involved deaths with xylazine detected increased 276% from January 2019 to June 2022. In March of this year, the U.S. Drug Enforcement Administration (DEA) Administrator stated that “xylazine is making the deadliest drug threat our country has ever faced, fentanyl, even deadlier.” The DEA’s lab has also found that six out of 10 fentanyl-laced fake prescription pills analyzed in 2022 contain a potentially lethal dose of fentanyl.

While fentanyl and xylazine testing strips are not currently considered illegal under federal law, several states have banned the strips as drug paraphernalia. This bill would make it clear that there is no federal prohibition on these strips and thereby promote greater access to these strips nationwide. Delaware expressly decriminalized fentanyl testing strips in 2021.

The legislation is endorsed by the National Association of Police Organizations, National District Attorneys Association, the Fraternal Order of Police, Major Cities Chiefs Association, Federal Law Enforcement Officers Association, Sergeants Benevolent Association, National Association of Counties, Addiction Policy Forum, Community Anti-Drug Coalitions of America, and Right on Crime.

In addition to Senators Coons and Cornyn, the bill is cosponsored by Senators Tom Cotton (R-Ark.), Amy Klobuchar (D-Minn.), and Bill Cassidy, M.D. (R-La.).

Senator Chris Coons is a member of the Senate Judiciary Committee.