Beyond Fentanyl Test Strips: The Need to Decriminalize All Drug Checking Equipment in Tennessee

KEY POINTS

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  In 2022, Tennessee decriminalized fentanyl test strips (FTS) through Public Chapter 764. Thousands have since been distributed by the state and nonprofit coalitions as a key harm reduction strategy. As of the end of 2023, 44 other states and D.C. had also decriminalized FTS.

• Research indicates that people who use drugs are five times as likely to change their behaviors (including reducing drug use overall) in response to a test result that is positive for fentanyl. People who use methamphetamine are especially likely to change their behaviors.

• However, the law only applies to “narcotic testing equipment used to determine whether a controlled substance contains a synthetic opioid,” meaning that drug-checking equipment (DCE) that test for potentially fatal non-opioids are still illegal.

• Furthermore, the law sunsets on July 1, 2025. If the law is not extended, then FTS would again be criminalized in Tennessee, negatively impacting the ability of harm reduction organizations to assist in the detection of illicit fentanyl on the streets.

• 29 states and D.C. allow access to all DCE. This permits flexibility in responding to changes in drug trends (such as the emergence of xylazine, a non-opioid veterinary tranquilizer), which occur frequently due to the widespread problem of polysubstance use.