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S4880C

An act to amend the Public Health Law; establishes a drug checking services program — 2024-06-04 · Calendar #918

The New York State Senate passed legislation establishing a drug checking services program designed to combat the opioid epidemic by allowing individuals to test substances for dangerous adulterants including fentanyl, xylazine, and newly detected medetomidine. The bill, S4880C, sponsored by Sen. Fernandez, passed 43-18 on a roll call vote. The program would operate in collaboration with the Department of Health and Office of Addiction Services, providing confidential testing without criminal justice involvement. Supporters cited data from San Francisco showing that 30.1% of users whose drugs tested positive for fentanyl reduced their use, and 26.5% disposed of the substances. Opponents, led by Sen. Murray, argued the bill duplicates existing state testing strip distribution programs—which distributed over 9 million fentanyl strips and 6.8 million xylazine strips in 2022—and questioned whether it actually prevents drug use since tested drugs would not be confiscated. Murray contended resources should instead focus on treatment and enforcement against dealers. The bill takes effect 90 days after becoming law.
PASSED Ayes: 43 · Nays: 18

Debate Summary

The bill would establish a drug checking services program in collaboration with the Department of Health and Office of Addiction Services to test drugs for contaminants including fentanyl, xylazine, and other adulterants. Sen. Fernandez argued the program provides harm reduction and data collection on the evolving drug supply, citing San Francisco data showing 30.1% of users with positive fentanyl tests reduced use. Sen. Murray opposed the bill, arguing it duplicates existing testing strip distribution (9 million fentanyl strips and 6.8 million xylazine strips distributed in 2022) and questioned whether the program actually prevents drug use, noting that drugs testing positive for dangerous substances would not be confiscated and users could continue using them. Murray argued the focus should be on treatment and enforcement against dealers rather than harm reduction.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Fernandez aye Democrat
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Felder nay Democrat
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martinez nay Democrat
Martins nay Republican
Mattera nay Republican
Murray nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Skoufis nay Democrat
Tedisco nay Republican
Weber nay Republican
Weik nay Republican