Governor Newsom Signs Bill to Increase Access to Drug Checking, a Proven Health-Centered Overdose Prevention Strategy

Press Release September 30, 2024
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Sacramento, CA – Governor Newsom signed AB 2136, authored by Assemblymember Jones-Sawyer, removing legal barriers to establishing more drug checking programs in the state. The bill will also increase participation by providing much needed protections for those involved in these services.

Drug checking is an evidence-based intervention to help individuals detect the presence of potent and sometimes unexpected substances like fentanyl or xylazine in drug samples, allowing people to make informed decisions about their health and reduce overdose risk. These services also can help link individuals to drug treatment and other supportive health care services. AB 2136 will encourage the development of drug checking programs by improving the protections for program participants and service providers to ensure that they are not subject to criminal, civil, and administrative consequences arising from participation or the provision of drug checking services. In addition, the bill will clarify existing law restricting the use of “testing” equipment.

The bill was supported by a wide range of health, harm reduction, and criminal justice organizations. In response to the signing of this legislation, the Drug Policy Alliance’s California office and other supporters of the bill released these statements:

“California’s overdose death crisis continues at near record levels. This bill takes an important step toward a system of care that’s focused on health and the prevention of overdose. Drug Checking is a proven health-focused strategy for reducing overdose. With the signing of this legislation, we hope to see more programs offering these services and expanding public health responses to the overdose crisis. 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. We are thankful to Assemblymember Jones-Sawyer for carrying this legislation, the legislature and Governor Newsom for supporting a health centered approach to save lives,” said Grey Gardner, Acting California State Director for the Drug Policy Alliance 

“I commend Governor Newsom for signing Assembly Bill 2136, a crucial step in ensuring Californians have access to essential services that can prevent drug overdoses and save lives. By clarifying the legality of drug checking services and offering vital protections for both service providers and participants, AB 2136 empowers individuals to make informed decisions about their health,” said Assemblymember Jones-Sawyer

“By supporting AB 2136, we are advancing an evidence-based, harm-reduction approach that prioritizes the well-being of our communities. Drug checking services not only empower people with the information they need to protect their health, but also create pathways to broader support services, offering a lifeline in the midst of California’s overdose crisis. We celebrate Governor Newsom and Assemblymember Jones-Sawyer for championing this life-saving legislation.” Patrice Berry fellow with the Women’s Foundation California’s Solís Policy Institute (SPI) Health & Prosperity Team.

 

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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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