Governor DeWine Authorizes Ohio Board of Pharmacy to Adopt Emergency Rule Legalizing Tools to Prevent Drug Overdoses

Ohio Governor Mike DeWine recently signed Executive Order 2025-04D to suspend the normal rulemaking process to allow the Ohio Board of Pharmacy to adopt a rule allowing expanded access to tools to prevent drug overdoses. In addition to test strips and reagent kits for fentanyl, the rule, OAC 4729-8-02, exempts tests for the following compounds from the definition of drug paraphernalia under Ohio law:

• Xylazine;
• Medetomidine;
• Benzimidazole-opioids (commonly referred to as nitazenes); and
• Benzodiazepine and benzodiazepine-related compounds.

Drug test strips and reagent kits serve as crucial tools in harm reduction efforts, allowing users to test substances for the presence of certain substances that are contributing significantly to overdose fatalities.

This rule is made possible by a recent change to Ohio law that was passed by the Ohio General Assembly and signed by Governor DeWine earlier this year.  It allows the Board of Pharmacy to exempt certain instruments from the definition of drug paraphernalia if the Board determines the instrument demonstrates efficacy in reducing drug poisoning by determining the presence of a specific compound or group of compounds.