Under an executive order, Governor DeWine has allowed the Ohio Board of Pharmacy to remove fentanyl reagent kits from under the umbrella of drug paraphernalia in Ohio.

In addition to fentanyl, the new rule also exempts tests for the following drugs: Xylazine; Medetomidine; Benzimidazole-opioids (commonly referred to as nitazenes); Benzodiazepine and benzodiazepine-related compounds.

Fentanyl test strips became legal to distribute in Ohio in April of 2023.

These test kits are often used to determine whether drugs are laced with fentanyl or other compounds that may cause an overdose. Reagent kits, in specific, will visibly react to illicit drugs by changing colors. Governor DeWine said in a statement that access to test kits significantly lowers overdose fatalities among drug-users. 

"We are removing barriers for communities to access tools that precent overdoses and save lives," DeWine said.

Previously, anyone found with reagent kits or test strips could be charged with possessing illegal drug paraphernalia. 

The governor added that he is working through the RecoveryOhio Initiative alongside the Board of Pharmacy to "ensure Ohioans have greater access to lifesaving tools that prevent overdoses."

The Board of Pharmacy Executive Director Steven W. Schierholt described test strips and reagent kits as vital components to reducing drug-related deaths.

"By decriminalizing these public health tools, we can help people who use drugs stay alive with the ultimate goal of recovery," Schierholt said.

Guidance documents and reference guides regarding the statewide change have been provided by the board.