DE SB76

Authorizes lay individuals and nonprofit organizations to distribute fentanyl testing strips to determine the presence of fentanyl or fentanyl-related substances without expectation of compensation.

Provides liability protection for persons distributing fentanyl testing strips, limiting civil damages to applicable insurance coverage unless injuries or death result from willful, wanton, reckless, or grossly negligent conduct.

Exempts fentanyl testing strips from Delaware's drug paraphernalia statute under § 4773 of Title 16.

Excludes manufacturers, distributors, pharmacies, hospitals, medical clinics, for-profit organizations, and credentialed individuals from the distribution authorization provisions.

Addresses Delaware's opioid crisis where fentanyl was involved in 72% of overdose deaths in 2018 and 400 fatal overdoses occurred that year.