California Legislature Sends Bill to Governor to Promote Expansion of Drug Checking Services to Prevent Overdose

Press Release September 4, 2024
Media Contact

Grey Gardner, [email protected]

Sacramento, CA – Legislation to encourage expansion of lifesaving drug checking programs is heading to Governor Newsom’s desk. AB 2136, authored by Assemblymember Jones-Sawyer, would remove barriers to implementing drug checking programs and establish legal protections for those involved with such services in efforts to encourage the launch of more programs statewide.

Drug checking services provide people who use drugs with information about the chemical content of their drugs. This can help detect the presence of potent and sometimes unexpected substances like fentanyl or xylazine. By providing this information, drug checking services help people who use drugs make better, informed decisions about their health. They are an evidence-based tool for preventing overdose deaths and advancing health-centered approaches to drugs and can facilitate connections to addiction services.

The bill would encourage the development of drug checking programs by ensuring that both participants in programs and the service providers are not subject to arrest for drug offenses relating to the drug checking process, and would clarify existing law restricting the use of “testing” equipment.

In response to the legislation passing out of the legislature, the Drug Policy Alliance’s California office and other supporters of the bill released these statements:

“California’s overdose death crisis has not subsided. This bill takes an important step toward a system of care that’s focused on health and the prevention of overdose,” said Grey Gardner, Acting California State Director for the Drug Policy Alliance, the leading organization in the U.S. working to end the war on drugs.

“But there’s still more that should be urgently done to keep people safer and healthier. We need to expand access to harm reduction services like drug checking and join states like Rhode Island, Minnesota, Vermont and New York that are supporting lifesaving overdose prevention centers. We should be entirely focused on improving access to services instead of continuing to stigmatize people with wasteful arrests and prosecutions that actually push people away from getting needed support,” added Gardner.

“Drug checking is a vital tool at our disposal with the potential to help prevent drug overdoses and keep Californians safe and alive. By clarifying the legality of accessing and providing drug checking services in the state and providing much needed protections for service providers and participants, Assembly Bill 2136 will help more people make informed decisions about their health,” said Assemblymember Jones-Sawyer. “It can take less than 10 minutes to reveal life-saving information about the contents of the substances people may use. AB 2136 is truly an opportunity to save lives.”

“AB 2136 offers an evidence-based best practice that will help California improve appropriate responses to prevent overdoses and connect vulnerable communities to care services. We are hopeful that Governor Newsom will sign the bill to close existing gaps in the law and clear the way for more jurisdictions to establish drug checking services, which support individuals in improving and enhancing their health and well-being,” said Thuy Do, fellow with the Women’s Foundation California’s Solís Policy Institute (SPI) Health & Prosperity Team.

The bill now heads to Governor Newsom, who has until September 30th to act on the bill.

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About the Drug Policy Alliance (DPA)

The Drug Policy Alliance is the leading organization in the U.S. working to end the drug war, repair its harms, and build a non-punitive, equitable, and regulated drug market. We envision a world that embraces the full humanity of people, regardless of their relationship to drugs. We advocate that the regulation of drugs be grounded in evidence, health, equity, and human rights. In collaboration with other movements and at every policy level, we change laws, advance justice, and save lives. Learn more at drugpolicy.org.

 

A young woman holds a sign that says "End the Drug War."

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