A proposed law in West Virginia has been approved and is now awaiting the signature of Republican Governor Jim Justice. This bill would make it legal to use drug test strips to detect harmful substances, in light of the state’s alarming rate of drug overdoses, which is the highest in the country.

It is unknown if Justice endorses the bill, which has gained support from both parties. This suggestion is in line with a previous law passed by Justice in 2022 that made fentanyl testing strips no longer a criminal offense.

“Over time, we have unfortunately seen the emergence of fentanyl, carfentanil, and xylazine,” stated Matthew Rohrbach, Deputy Speaker of the House, on Friday as he addressed the passing of the legislation with a large majority.

The purpose of the bill, according to Rohrbach, who serves as the chair of the chamber’s substance abuse committee, is to guarantee access to all drug test strips for those who require them, without the need for frequent new legislation whenever a new strip is created.

Rohrbach stated that the exemption for test strips used for dangerous drugs from being classified as drug paraphernalia is mentioned in the text.

According to West Virginia legislation, drug paraphernalia includes hypodermic syringes, needles, capsules, and balloons, as well as other items. Someone who is discovered to have drug paraphernalia in their possession may be charged with a misdemeanor, fined up to $5,000, and sentenced to six months to a year in jail.

The Centers for Disease Control and Prevention in the United States have defined drug test strips as an inexpensive way to reduce the risk of drug overdoses.

The percentage of fatal drug overdoses related to heroin has decreased in recent times. In 2021, fentanyl and its similar compounds were present in 76% of all drug overdose deaths in West Virginia, compared to 58% in 2017. Data from the CDC suggests that approximately 75,000 out of the total 110,000 overdose deaths in 2022 could be attributed to fentanyl.

Xylazine, a tranquilizer that is not authorized for human use, is becoming more prevalent in the illegal drug market in the United States. In 2023, the White House’s Office of National Drug Control Policy recognized it as a growing danger. Carfentanil, a synthetic opioid, is estimated to be 10,000 times stronger than morphine and 100 times stronger than fentanyl.

Advocates argue that legalizing test strips could lower these statistics, potentially saving lives by increasing awareness of the lethal nature of their drugs.