Public Health

 “Drug checking” is a strategy to prevent overdoses among individuals who use illicitly obtained drugs by informing these individuals of the substances present in a sample and if those substances include an unexpected adulterant, and while drug checking programs are more common in parts of Europe and Canada, the proliferation of adulterants such as fentanyl and xylazine in the American illicit drug supply over the past decade has led to an increased interest in drug checking—and the equipment used to do it—in the United States. Drug checking equipment (DCE) includes both simple drug checking methods and more complex options. Simple DCE, such as fentanyl test strips (FTS) and other rapid drug test strips, liquid reagent tests, and thin layer chromatography kits, provide qualitative information about the presence of a particular drug/substance—or lack thereof—for which the test is designed. In June 2021, LAPPA published a fact sheet on FTS. LAPPA’s 2021 fact sheet addressed how disposable, single-use FTS work as a drug checking tool, studies investigating their efficacy, and the obstacle to large-scale FTS distribution created by state laws criminalizing the use and possession of drug paraphernalia. Now, five years later, some aspects of drug checking and FTS described in the...

Syringe services programs (SSPs), initially limited to the exchange of hypodermic needles and syringes and often still called needle or syringe exchange programs, have been present in the United States in some form since the early 1980s. Often illegal due to drug paraphernalia laws – an issue that still exists in 2026 – only seven U.S. cities had programs by the end of 1991. According to the Centers for Disease Control and Prevention (CDC), in November 2007, there were 185 SSPs in 36 states, the District of Columbia, and Puerto Rico. As of June 2026, that number has increased to 587 operational SSPs in 45 states, the District of Columbia, and Puerto Rico, although only 37 states, the District of Columbia, and Puerto Rico either explicitly or implicitly authorize SSPs through statute or regulation. This fact sheet provides readers with an overview of SSPs, including the components that make up a comprehensive SSP and the obstacles encountered by programs and their participants....

Syringe services programs (SSP) are harm reduction programs that provide a wide range of services including, but not typically limited to, the provision of new, unused hypodermic needles and syringes and other injection drug use supplies, such as cookers, tourniquets, alcohol wipes, and sharps waste disposal containers, to people who inject drugs. In this summary, readers will find information with respect to SSPs for each state, including citations to applicable statutes and/or regulations, whether the state allows SSPs by statute, whether there are any municipal or county ordinances or regulations in place within the state, program components, miscellaneous provisions, and information on any pending legislation....

Drafted in partnership with the O'Neill Institute for National & Global Health Law at Georgetown University Law Center, the Center for U.S. Policy, and Brown & Weinraub, PLLC, this model law assists states in their efforts to maximize funds available to address the overdose crisis. The Model Opioid Litigation Proceeds Act guides states through the establishment of a dedicated fund, separate from the state’s general treasury fund, that is designated for substance use disorder abatement, including prevention, treatment, recovery, and harm reduction infrastructure, programs, services, supports, and resources. All proceeds received by the state arising out of legal claims made against manufacturers and distributors of prescription opioid analgesics, pharmacies that dispensed prescription opioid analgesics, and related parties shall be deposited into the dedicated fund....

The Model State Office of Drug Control Policy Act establishes a state agency to direct, coordinate, and oversee enforcement, prevention, education, treatment, and recovery policies and programs in a specific state. This Act also identifies the powers and duties of an established agency as well as the agency’s director and provides agency funding. This Model builds on the mission and purpose of the federal Office of National Drug Control Policy and on the laws in states from across the country that have created successful and robust state agencies....

All across the U.S. jails are filled with people who need medical care and social services, many of whom cycle in and out of jail without ever receiving the help they need. One emerging model to combat this problem is deflection, which seeks to prevent individuals who have low to moderate criminogenic risk, but significant unmet social, economic, and health needs, from entering the criminal justice system. The goal of deflection programs is to lessen the burden on the criminal justice system by connecting those individuals—before they enter the criminal justice system—to treatment and social services to which they might not otherwise have access. This document is designed to: (1) provide a singular resource for each jurisdiction’s deflection laws; (2) allow for a comparison of these laws between jurisdictions; and (3) identify and highlight interesting provisions....

Psilocybin is a chemical compound produced by more than 100 species of mushrooms found growing around the world. Because of the psychedelic effects that these mushrooms produce when consumed, psilocybin-containing mushrooms have been colloquially referred to as “magic mushrooms” or “shrooms.” In this document, the Legislative Analysis and Public Policy Association (LAPPA) identifies both currently-in-force statutes/regulations and recently proposed legislation related to psilocybin throughout all 50 states, the District of Columbia, and the U.S. territories....

Given the increased emphasis in recent years on using harm reduction strategies to slow the overdose crisis, the hurdle posed by state drug paraphernalia laws to freely allowing drug checking services or establishing syringe services programs is not inconspicuous. Accordingly, in 2022, LAPPA first undertook an extensive research project to determine how drug paraphernalia laws throughout the 50 states, District of Columbia, and all U.S. territories treat drug checking equipment (including fentanyl test strips and other items) and needles/syringes. This January 2024 version, which sets forth a summary of state and territory laws as of December 2023, is an update to the original report. ...