As of 2025 fentanyl test strips are illegal in the state of Texas. Possession of this public health tool is a Class C misdemeanor, punishable by a fine of up to $500, because it is considered drug paraphernalia.

The Texas HB 1164 from the 89th Legislature, authored by Rep. Tom Oliverson, is a bill aiming to decriminalize fentanyl test strips statewide. This bill has repeatedly passed through The Texas House but has failed to receive a hearing with The Texas State Senate’s Criminal Justice Committee. The passing of this bill will do more than just address the rise of the fentanyl crisis. It will provide Texans with an inexpensive and high impact tool that can immediately reduce overdose risks and lead to fewer deaths from fentanyl poisoning.

Accidental poisoning, primarily overdose, is the number one cause of unintentional death in America.  On average five people die every day from fentanyl overdose here in Texas and our state has seen a dramatic rise in overdose deaths since 2018.

As Texans, we need to ask ourselves what’s keeping us from combating the opioid crisis with safe and effective harm reduction? This crisis does not just effect people struggling with substances, it effects Texas as a whole, and we cannot fight this battle without the necessary tools.