Legality of drug checking equipment in the United States: A systematic legal analysis

Davis, Corey S.; Lieberman, Amy; O'Kelley-Bangsberg, Madelyn

doi:10.1016/j.drugalcdep.2022.109425

Cited by 35 publications

(36 citation statements)

References 20 publications

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“…A recent legal analysis explained the legality of possessing and distributing drug-checking equipment such as FTS in Massachusetts and other states. 14 This pilot demonstrates several models of collaborations between public health and public safety entities to bridge access to lifesaving tools such as FTS. Additional study across more geographies is warranted and may provide further insights.…”

Section: Discussionmentioning

confidence: 99%

Law Enforcement and Community Provision of Fentanyl Test Strips to People Who Use Drugs for Engagement and Referral to Services

Olson

Case

Palacios

et al. 2022

Journal of Public Health Management and Practice

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Use of fentanyl test strips (FTS) to test illicit drugs has been shown to be an effective harm-reduction tool for raising awareness of fentanyl risks, increased self-efficacy to prevent overdose, and safer use behavior changes. From March to June 2020, a total of 6 Massachusetts municipal police departments piloted FTS kit distribution during post-overdose outreach visits, community outreach, and related programming. The Police Assisted Addiction and Recovery Initiative developed the kits, trained departments, and oversaw implementation. The pilot evaluation involved site observations, process measures, and interviews with staff and kit recipients. For every kit distributed, there was approximately 1 health or support service or referral provided; 320 kits were distributed. Key themes from interviews were conceptualizing FTS as a tool, collaborations, and adaptations. Police departments that partnered with community programs amplified project reach. FTS distribution is a simple yet powerful tool that community providers and police can offer alongside linkage to care services and engagement with people who use drugs and their family and friends.

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Section: Discussionmentioning

confidence: 99%

Law Enforcement and Community Provision of Fentanyl Test Strips to People Who Use Drugs for Engagement and Referral to Services

Olson

Case

Palacios

et al. 2022

Journal of Public Health Management and Practice

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“…A recent systematic legal analysis by Davis et al. [ 67 ] found that it is only clearly legal to possess drug checking equipment like FTS in 22 states with some states only allowing them to be obtained from syringe service programs [ 68 ].…”

Section: Incorporating Harm Reduction Into Practicementioning

confidence: 99%

Addressing adolescent substance use with a public health prevention framework: the case for harm reduction

et al. 2022

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Adolescence is a developmental stage defined in part by risk-taking. Risk-taking is critical to normal development and has important benefits including trying new activities and exploring new relationships. Risk-taking is also associated with the initiation of substance use. Because substance use often begins in adolescence, much focus has been on primary prevention with the goal of preventing initial substance use. Secondary or tertiary prevention approaches, such as counselling to eliminate substance use or offering treatment, are common approaches for adolescents with problematic substance use or a substance use disorder. While this is important, for some adolescents, treatment or cessation of use may not be desired. In these cases, Healthcare Practitioners (HCPs) can offer clear advice that incorporates harm reduction. Harm reduction, which is often applied for adults who use substances, reduces the negative impacts associated with drug use without requiring abstinence. Harm reduction is crucial to keeping adolescents safe and healthy and can offer opportunities for future engagement in treatment. The objective of this review is to describe strategies for integrating harm reduction principles in clinical settings that are developmentally appropriate. A patient-centered, harm reduction approach can validate perceived benefits of substance use, offer strategies to minimise harm, and advise reduction of use and abstinence. KEY MESSAGES: Substance use often begins in adolescence and traditional approaches are often rooted in prevention framework. Harm reduction should be incorporated for adolescents with problematic substance use or a substance use disorder. This review offers strategies for integration of harm reduction principles tailored towards adolescents.

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“…The number of DCS globally is growing rapidly, as drug checking is increasingly recognised as a valuable harm reduction and market monitoring intervention [2][3][4]. Communitybased DCS operate in a range of legal contexts, with varying levels of protection and support from legislation, and national and local police forces [5][6][7]. There are two primary, inter-related, issues in relation to the legal challenges facing DCS.…”

Section: Introductionmentioning

confidence: 99%

“…The first relates to the legality of the service itself, and the legal protection afforded to staff. Services operate with different levels of protection in this regard, ranging from explicit legislation or 'legal exemptions' protecting their operation, to varying degrees of informal, tacit acceptance by local police forces [5][6][7][8][9][10][11]. The second relates to the protection of clients from being charged for drug offences by police when entering, leaving, and travelling to services [12].…”

Section: Introductionmentioning

confidence: 99%

Challenges for drug checking services in Scotland: a qualitative exploration of police perceptions

et al. 2022

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Background The impact of policing practices on the engagement of people who use drugs (PWUD) with harm reduction services is well evidenced. Although the police have traditionally taken an enforcement role in responding to drug use, it is increasingly clear that they can play an important part in multiagency delivery of harm reduction interventions. Despite this, there have been no studies exploring police officer perceptions of drug checking services (DCS), which provide analytical testing of client drug samples alongside harm reduction support and advice. Methods Semi-structured interviews were conducted with 10 police officers to explore the policing and legal challenges which could be encountered in the delivery of DCS in Scotland. Results Participants expressed general support for DCS and described this support as part of a wider organisational shift towards public health-oriented policing. Participants also discussed different potential approaches to the policing of areas surrounding DCS including: formal limits on police presence around the service and/or stop and search powers in relation to personal possession; the effective decriminalisation of personal possession within a specified boundary around the service; and informal agreements between local divisions and DCS outlining expected policing practices. Any formal limitation on the capacity of police officers to respond to community concerns was viewed as problematic and as having the potential to erode public confidence in policing. Participants also highlighted the potential for frontline officers to utilise discretion in ways which could undermine public health goals. Legislative change, or national strategic guidance from relevant stakeholders, was seen as a means of providing ‘cover’, enabling local divisions to support the operation of drug checking. Conclusions Despite a small sample of participants, this study summarises key challenges to be addressed in the implementation and operation of DCS in Scotland, and more widely. The paper concludes with suggested opportunities to develop approaches to policing that can facilitate rather than impede implementation and operation of these services.

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Legality of drug checking equipment in the United States: A systematic legal analysis

Cited by 35 publications

References 20 publications

Law Enforcement and Community Provision of Fentanyl Test Strips to People Who Use Drugs for Engagement and Referral to Services

Law Enforcement and Community Provision of Fentanyl Test Strips to People Who Use Drugs for Engagement and Referral to Services

Addressing adolescent substance use with a public health prevention framework: the case for harm reduction

Challenges for drug checking services in Scotland: a qualitative exploration of police perceptions

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