Legal Framework for State Responses to the Fentanyl Crisis

This opinion from the Ohio Attorney General examines the legal framework for state responses to the fentanyl crisis, including the classification of fentanyl analogues under state controlled substance schedules, enhanced criminal penalties for fentanyl trafficking, and the legal status of fentanyl test strips.

The opinion discusses the authority of the State Board of Pharmacy to schedule fentanyl analogues, the constitutionality of enhanced penalties for drug offenses involving fentanyl, and the interplay between state drug laws and harm reduction efforts. It analyzes Good Samaritan laws and their application to fentanyl overdose situations.

The opinion provides guidance on the legality of distributing fentanyl test strips, naloxone access laws, and the scope of immunity for individuals who call for emergency assistance during overdose events.