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Committee approves bill to remove drug test strips from paraphernalia definition
Summary
House Bill 1167, as amended, removes test strips from the state paraphernalia statute to clarify they are not criminally punishable items; sponsor said the change removes uncertainty for public health distributors, and the ACLU testified in support.
Representative Jennifer Meltzer asked the committee to approve an amendment to House Bill 1167 that would remove drug test strips from the statutory definition of paraphernalia, saying the change is narrowly tailored to ensure test strips used for Fentanyl or xylazine detection are not treated as criminal paraphernalia.
Meltzer said the amendment narrows the bill’s language to reach the original goal: allowing test strips to be distributed by local health departments, nonprofits and governments without risk that possession would be prosecuted. "Test strips are an ability for individuals who are in active addiction to be able to check their substance of choice for Fentanyl or Xylazine...to hopefully be able to make the choice to not use that substance or to use that substance in a way that is safer," Meltzer said.
Samantha Bresnahan, senior policy specialist at the ACLU of Indiana, testified in support and urged the committee to vote yes, saying the measure would expand access to evidence-based harm-reduction tools and join other states that have legalized test-strip use. "Test strips are a proven harm reduction tool and this legislation gives Indiana the opportunity to join the 45 other states that have legalized and benefited from their effectiveness," she said.
There was no extended debate in committee. A motion to pass as amended was made and the roll call recorded the measure as passing with 130 recorded votes. The sponsor and the committee emphasized the amendment narrows the statutory language (identified in committee as amending section 45) to make clear test strips are not paraphernalia. No mover or seconder was identified in the hearing record for the motion to pass as amended.
The committee record shows the bill advanced out of committee; the bill text and amendment will determine the statutory change and how courts and law enforcement apply the paraphernalia statute going forward.
