Fentanyl test strips save lives — but in these 10 states they are illegal

• The US is still in an overdose crisis, driven by fentanyl, a synthetic opioid cropping up in other drugs.
• Fentanyl test strips can prevent overdoses by detecting fentanyl in drugs.

For years America has been in the grips of an opioid epidemic — and in recent years, the number of overdose deaths has grown. Both 2021 and 2022 saw more than 100,000 Americans die each year from drug overdose deaths, according to provisional data from the Centers for Disease Control and Prevention (CDC).

Many of these deaths are because of synthetic opioids like fentanyl, a drug that is up to 50 times stronger than heroin and has increasingly been added to drugs — such as heroin, cocaine, and methamphetamines — to make them cheaper and more addictive.

In many cases, people who overdose on fentanyl don't even know that they are consuming it.

Overdoses can be reversed using a drug called naloxone, which was recently made available for purchase over-the-counter.

But some overdoses can be prevented in the first place with a simple strip of paper — a tool that is illegal in many US states, outlawed under 1970s-era drug paraphernalia laws.

Strips that prevent overdoses — but beware the chocolate chip cookie effect

Fentanyl test strips are drug detection papers that, when dipped in drugs that are mixed with water, can detect the presence of fentanyl.

Harm reduction advocates say fentanyl test strips are easy to use, and help people who use drugs stay informed about whether or not there was fentanyl present in the local drug supply.

The test strips aren't foolproof — they only detect fentanyl in the portion of drug that is tested, which the CDC calls "the chocolate chip cookie effect."

Even when using fentanyl test strips, people should still use drugs slowly and with a partner to reduce the risk of a fatal overdose, according to experts.

The 10 states where fentanyl test strips are still illegal:

The laws are complicated.

In some states, test strips are technically classified as drug paraphernalia, but there is no criminal penalty for using or possessing them, according to a 2022 legislative analysis. In other states, only people who are involved with harm reduction or syringe services programs are allowed to have them.

Many states are changing these practices. Utah, North Dakota, and Kansas all legalized fentanyl test strips this year, while New Hampshire and Florida have legislation currently pending or awaiting a governor's signature.

The 10 states where, as of now, fentanyl test strips remain illegal are:

• Washington
• Idaho
• Montana
• Texas
• Illinois
• Missouri
• Arkansas
• Indiana
• Florida
• New Hampshire

If you live in one of these states and want access to fentanyl test strips, you may find local harm reduction groups supplying them, or you can still purchase them online and get them shipped to you.