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Bill that would no longer consider fentanyl test strips to be drug paraphernalia moves through statehouse

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INDIANAPOLIS — Test strips are often given out for people to test drugs to make sure it doesn't contain fentanyl.

As of right now, in Indiana, fentanyl test strips can be considered drug paraphernalia.

On Wednesday, House Bill 1167 passed out of the courts and criminal committee 13-0. If eventually fully passed and signed by the governor, fentanyl test strips will no longer be considered drug paraphernalia.

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Community advocates say this will help save lives without the fear of catching a charge.

"It's not about enabling. It's about safety," said Tracy Skaggs.

Skaggs is the executive director for Project Recovery, a nonprofit in southern Indiana.

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She said people are getting arrested for having test strips.

"I have to educate our participants on the importance of the testing strips, but then also I have to educate them on not to have them within sight because that can lead to another paraphernalia charge," said Skaggs.

The group "Care, Not Cuffs" said HB 1167 would give consistent rules on the testing strips across the state.

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"It's a little tougher in rural counties, not everybody is on board for harm reduction, and they do want to send us to jail, in prison for a disease," said Tony Hostetler.

So why are the test strips considered paraphernalia?

"They're under the impression that people are using the testing strips to either test the purity, which is not happening, and to make sure that it is there and present in the substance," said Skaggs.

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Drug users can now test to see if fentanyl is what they're injecting.

Dwayne Gunn has been sober for 22 years. He said the test strips save lives because although someone may be doing drugs, they aren't looking for a death sentence.

"I understand addiction, and it's hard to beat. But if you can't beat addiction, if you don't have a test system to find out what it is you're doing, something bad is going to happen," said Gunn.

The fentanyl test strip bill now moves to the house for further consideration.