Evers signs bill legalizing xylazine testing strips

Gov. Tony Evers on Tuesday signed a bill into law that legalizes xylazine testing strips in Wisconsin and another piece of legislation that allows some emergency medical services professionals to carry a firearm in otherwise prohibited areas.

SB 875, now 2023 Wisconsin Act 217, exempts materials to test for the presence of xylazine or a xylazine analog in a substance from the definition of “drug paraphernalia” under Wisconsin’s Uniform Controlled Substances Act. Xylazine, which is a tranquilizer often used for animals, has been found in fentanyl and heroin and mixed with cocaine and meth, according to the Wisconsin Department of Health Services (DHS). It has no taste or smell but can be detected using a Xylazine test strip. 

The update to state law comes as cities, towns and villages across Wisconsin, including Milwaukee County, have seen a rise in overdose deaths involving xylazine. As a non-opioid tranquilizer, overdoses from xylazine can’t be reversed by medications like Narcan. 

“There is currently no xylazine reversal agent safe for human use, which means prevention is key — by making these strips available, in addition to providing certain civil and criminal liability exemptions for people distributing or administering these products, we can help save more lives and help get folks on a successful path to recovery,” Evers said in a statement. 

The law also exempts people who distribute a xylazine testing product from civil and criminal liability for the death of or injury to an individual caused by the administration of the xylazine testing product.

Rep. Jill Billings (D-La Crosse) said in a statement that the legalization of the testing strips will save lives. 

“Xylazine has been mixed with fentanyl in illicit drugs across Wisconsin and has been linked to hundreds of deaths in our state,” Billings said. “A xylazine overdose cannot be reversed by medications like Naloxone and by allowing test strips, this policy will prevent overdoses and save lives.”

Evers also signed SB 829, now 2023 Wisconsin Act 218, which allows tactical emergency medical services (TEMS) professionals acting in the line of duty to carry a firearm in otherwise prohibited areas. Those include public buildings, fish hatcheries, wildlife refuges and school zones. TEMS professionals specialize in responding in dangerous situations and must be licensed by DHS. Under the law, the Law Enforcement Standards Board will be required to establish minimum training standards for TEMS professionals.

“Our first responders and EMS professionals run towards danger without second thought, often putting their own health and safety at risk,” Evers said in a statement. “This legislation will help ensure highly experienced folks who are trained as medical professionals can do their important, life-saving work in high-risk situations.”