INDIANAPOLIS (WISH) — After they were long considered paraphernalia, fentanyl test strips are now officially legal in Indiana.

According to recent data, fentanyl is responsible for over 70% of overdose deaths in the state. Until this month, if someone was found with the lifesaving strips, it would be up to the local prosecutor to decide if they would face charges for violating the state’s paraphernalia laws.

A bipartisan effort changed that reality by passing House Enrolled Act No. 1167.

“Any resident should and can access test strips,” Director of Harm Reduction at Overdose Lifeline Breanna Hicks said. “Our former paraphernalia law said that anything that tests the ‘presence, efficacy or effectiveness of a substance, an illicit substance,’ could be considered paraphernalia. So, while fentanyl test strips only test for presence, that was a gray area in law in jurisdictions across Indiana.”

Local harm reduction organizations say the law fueled fear for people hoping to distribute the strips. The concern prompted them to push for change.

“There’s this false narrative that access to test strips are going to encourage substance use or encourage drug use, in general, especially to populations that are younger,” Hicks said. “However, that’s just not true, harm reduction is a proven practice that allows for individuals to make healthier and better decisions.”

Hicks says the strips can be used to test drugs purchased off the street.

When the small strips are submerged in water, they can detect the synthetic drug in 30 seconds to two minutes. According to the Marion County Coroner, the drug was found in over 90% of opioid overdoses in Indianapolis last year.

“Fentanyl overdoses are now the number one cause of death for anybody age 18 to 45,” Hicks said. “Indiana falls in that range as well, to where we’re seeing fentanyl being the most prevalent cause of accidental overdose death.”

Overdose Lifeline is one of the organizations distributing the test strips. To request strips, click here.

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