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Minutes for HB2328 - Committee on Corrections and Juvenile Justice

Short Title

Excluding tests to detect the presence of fentanyl, ketamine or gamma hydroxybutyric acid in a substance from the definition of drug paraphernalia.

Minutes Content for Wed, Feb 15, 2023

Chairperson Owens opened the hearing on HB2328.  Natalie Scott provided an overview of the bill.  (Attachment 9)  Ms. Scott responded to questions from committee members.

Chairperson Owens requested questions be held until all proponents had finished testifying.

Michelle Ponce, Associate Director, Association of Community of Mental Health Centers of Kansas testified in support of the bill.  She shared some data points regarding the rise in deaths related to synthetic opioids - which includes fentanyl - in her written testimony.  She said many of these deaths are accidental and preventable.  The use of fentanyl test strips has been shown to be effective in detecting even trace amounts of fentanyl.  The strips are easy to use and are low cost.  (Attachment 10)

Paula Mitchell, Victim Advocate, BrightHouse testified in support of the bill.  Ms. Mitchell shared her personal story of being unknowingly drugged and then sexually assaulted.  She said predators use drugs to trap and immobilize their victims.  Test strips would allow people to test their drinks before it is too late and she asked that we give girls something to protect themselves.    (Attachment 11)

Erika Holliday, Substance Use Coordinator, Unified Government of Wyandotte County Public Health Department testified in support of the bill.  She said she is in support of this bill because she has personally seen the lifesaving measures it can produce and that these resources are desperately needed in Kansas.  Since 2020, the overdoses in Wyandotte County due to fentanyl occurrences in stimulants have more than quadrupled and that overdoses in general have increased by 146%.  (Attachment 12)

Libby Davis, RN, MSN, Cooper Davis Memorial Foundation testified in support of the bill.  Ms. Davis shared the story of her 16 year old son who was poisoned by half of a fake pill containing illicit fentanyl. She said with the rapid and massive influx of illicit fentanyl, cartels are driving addiction and creating repeat users due to the higher potency and addictive nature.  Harm reduction is about saving lives and we need to meet people where they are at.  Legalizing fentanyl test strips will save lives.  (Attachment 13)

Brandy Harris, Private Citizen testified in support of the bill.  Ms. Harris shared the story of her son whose life was cut short due to a substance he purchased that was tainted with fentanyl.  She said we have all done things in our youth that were stupid - they just don't normally kill us.  Something as small as a fentanyl strip potentially could have saved his life.  (Attachment 14)

Ashley Goss, Deputy Secretary, Kansas Department of Health and Environment and Kansas Department for Aging & Disability Services testified in support of the bill.  Ms. Goss shared some statistics regarding overdose deaths in Kansas.  The increase in opioid overdose deaths has largely been impacted by the deaths involving potent synthetic opioids like fentanyl.  It is tasteless and impossible to identify without testing.  She said there are other states who have gone before us who have legalized fentanyl strips.  In last year's session alone there were ten other states who legalized this.  (Attachment 15)

Proponents responded to questions from the committee members.  Andy Brown, Commissioner for Behavioral Heath Services at Kansas Department for Aging & Disability Services provided an answer to a committee member's question.

Written only proponent testimony was submitted by:

There was no neutral nor opponent testimony.

Chairperson Owens closed the hearing on HB2328.