BOISE, Idaho. – On July 1, House Bill 441 went into effect across the Gem State, legalizing fentanyl test strips to be purchased and used, after decades of the tool being criminalized as drug paraphernalia.
According to House Minority Leader Ilana Rubel, D-Boise, Idaho was only one of six states to have this law in effect, but now that’s not the case thanks to her effort and bipartisan support of the bill.
“I can’t think of a better yield for your dollar than having these fentanyl test strips,” Rubel said. “They’re incredibly cheap and can truly save the life of you or someone you know.”
As of July 1, thanks to Rubel’s H.B. 441, which the state representative has been working on for years up to its passing, the people of Idaho now have the power in their hands to make sure they’re not poisoned by fentanyl.
“I wish we had legalized these sooner,” Rubel said.
After decades of no change in the law but an abundance of change in the world of drug use, Rubel knew it was time to step up.
“One study showed a 47 percent reduction in risk when people are able to test for the presence of fentanyl, so it just seemed insane to be banning such a cheap and easy tool to detect this deadly substance,” she said.
Rubel pointed to the 1980s when the previous law came to fruition in the Gem State, stating anything that could be used to test for the presence of drugs was illegal drug paraphernalia.
“Which just seemed very misguided especially in this day and age, when fentanyl is laced into things where you least expect it,” Rubel said.
Rubel’s bill was passed with bipartisan support, sponsored by herself and Rep. Marco Erickson, R-Idaho Falls, and backed up with testimony from those personally affected by fentanyl. That includes Cayden Stone, a student advocate at Boise State University (BSU).
“This is an issue in our community this is an issue in our entire region,” Stone said.
Stone walked the halls of Lake City High School in Coeur d’Alene after one of his classmates was killed by fentanyl in 2021. Stone was serving as student body president at the time.
The boy killed was named Michael Stabile.
“Such a bright presence at our school, someone who could always make you laugh, always bring a bright presence to the room,” Stone said. “He was someone that genuinely embodied the Lake City Spirit and who we are and what we strive to be in our community.”
Three years later, Stone is now a student advocate at BSU. He spoke before the house inside the state’s capital a few months ago supporting Rubel’s bill.
“It was something that was really personal to me and I was able to make that appeal and just say, ‘look, this is something that could happen to anyone’s child and it’s something we need to take action on,’” Stone said.
Even more student leadership across the state came forward, including Martha Smith, the ASUI President at the University of Idaho in Moscow. Smith knows the fear amongst college students as fentanyl finds itself everywhere, in a world where experimentation is normal.
“It’s really unfair, quite frankly, for our generation to be in such a position where one small mistake, genuinely can ruin your life or your family’s life,” Smith said.
Out of all the old drug laws that have been on the books for decades, Rubel was confident the bill banning fentanyl test strips could be changed. And she was right.
“This was one that it would be pretty hard to defend,” Rubel said. “This is just denying people a life-saving tool to be banning these test strips.”
