Statement: Final Passage of HB 353 to Reduce Fentanyl Overdoses

Frankfort, Ky. (Mar. 30, 2023)—Today, the Kentucky Smart on Crime Coalition, a group of 14 partner organizations working for common sense justice reforms, released the below statement after HB 353 received final passage in the Kentucky General Assembly. The legislation, sponsored by House Health Service Committee Chairwoman Kim Moser of Taylor Mill, directs the Cabinet for Health and Family Services and the Justice and Public Safety Cabinet to conduct a Fentanyl Education and Awareness campaign as well as removes fentanyl testing strips from being considered drug paraphernalia under state law, unless they are found in the possession of traffickers.

The bill comes as many states move to legalize testing strips so trace amounts of fentanyl can be detected to prevent overdoses from the synthetic opioid.

“Arguably, nothing this year’s busy legislature did is more relevant, considering fentanyl is involved in nearly three-fourths of all drug overdoses—of which there were around 6,000 in Kentucky just between 2019 and 2021,” said Jim Waters, president and CEO of Bluegrass Institute, on behalf of the Kentucky Smart on Crime Coalition. “It’s imperative to get this one over the finish line to save lives,” continued Waters.

The paraphernalia designation has dissuaded public agencies and groups involved in the recovery space from purchasing and distributing strips for fear possessing them could put them in legal trouble.

“This is a very important bill because Fentanyl is often laced into fake pills. Unwitting individuals may think they are ingesting one substance and unaware that it also contains fentanyl,” said Jennifer Hancock, president and CEO of Volunteers of America Mid-States, another Smart on Crime partner organization. “States like OH, TN, AL and SD, among others, have passed similar measures. With police departments and other emergency responders already carrying and administering NARCAN, a medicine used for the treatment of a known or suspected opioid overdose emergency, it makes sense to prevent these overdoses on the front end. It may afford another day where we can get an individual into recovery,” continued Hancock.

The bill has the support of Kentucky Attorney General’s office, the Kentucky Chiefs of Police Association, and the Commonwealth Attorneys Association.

It now goes to the Governor’s desk.

About Kentucky Smart on Crime:

Kentucky Smart on Crime is a broad-based coalition working for common sense justice reforms that proactively address individual and systemic racial disparities and inequities, improve public health, enhance public safety, strengthen communities, and promote cost-effective sentencing alternatives. Partner organizations include American Civil Liberties Union of Kentucky, Kentucky Chamber of Commerce, Bluegrass Institute for Public Policy Solutions, Kentucky Center for Economic Policy, Kentucky Council of Churches, Catholic Conference of Kentucky, Kentucky Association of Sexual Assault Programs, Inc., Kentucky Coalition Against Domestic Violence, Kentucky Association of Criminal Defense Lawyers, Kentucky Youth Advocates, Volunteers of America Mid-States, Inc., NAACP Kentucky, Kentucky Criminal Justice Forum, and United Way of Kentucky. For more information, visit: kysmartoncrime.com or @kysmartoncrime on Twitter.

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