Indiana law classifies tools that test the “strength, effectiveness, or purity of a controlled substance” as paraphernalia. Last session, a bill to remove that language from the code ultimately died in the Senate Corrections and Criminal Law committee when it wasn’t called for a hearing.
(Lauren Chapman/IPB News)
Indiana lawmakers are closer than ever to declassifying fentanyl test strips as paraphernalia. A Senate committee passed a bill Tuesday that would make an exception to the statute to allow tools that test for the presence of certain substances.
The full House also approved a bill with identical language Tuesday.
Justin Phillips founded Overdose Lifeline after her son died of an overdose. She said harm reduction tools, like test strips, are a part of keeping people safe and alive.
“We have lots of anecdotal stories from young people who think they're purchasing an Adderall or a Xanax from their friend,” Phillips said. “[They] have been brave enough to ask someone to help them test the drug, and it has been fentanyl and it has saved their lives.”
This year, Sen. Brett Clark (R-Avon) introduced Senate Bill 312 that passed unanimously out of the same committee. He said this year’s bill adds an exception for tools that test for the presence of a controlled substance, rather than removing language from the code.
The chair of the committee, Sen. Aaron Freeman (R-Indianapolis), specifically asked for clarification on if it would still be illegal to have something that tests the purity of a substance.
“By leaving the language, it's in there now that it mentions testing for effectiveness, purity or strength that would cover that,” Clark said. “If a prosecutor can find a test strip that does that, then by all means charge it.”
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Clark said there is nothing outside of a lab environment that is capable of testing the purity of a substance. But, he says it would still be considered illegal if something like that were developed in the future.
“[SB 312] doesn't encourage, promote, glamorize or legalize any kind of drug use, doesn't cause harm, help drug dealers or open the door to legalizing paraphernalia that might actually test the strength, purity or effectiveness of a drug,” Clark said. “Because unlike previous attempts at this, it does not remove any existing statutory language.”
SB 312 now moves to the full Senate for consideration.
