Colorado handed the Fentanyl Responsibility and Prevention Invoice in Might 2022. The law made the ownership of small quantities of fentanyl a prison, somewhat than a misdemeanor.
Felonies are much more likely than misdemeanors to lead to a jail sentence.
Time in jail is related to an higher chance of deadly overdose within the yr after launch. Other people with felonies on their report regularly fight to discover a activity or hire an condo.
In 2023, lawmakers in 46 states handed law very similar to Colorado’s. They presented greater than 600 expenses associated with fentanyl criminalization and enacted over 100 different regulations to try to curb the opioid epidemic.
Ownership of small quantities of ketamine, GHB and different criminalized medication could also be a prison in Colorado.
I’m an assistant professor of drugs, social epidemiologist and network researcher who research mass incarceration as a public well being risk. I’m a member of the Proper Reaction Coalition, which advocates for network somewhat than criminal-legal responses to behavioral well being wishes in Colorado. Not too long ago, my paintings has all in favour of how expanding crook consequences for fentanyl ownership in Colorado impacts the folks and communities maximum impacted via such regulations.
Our group carried out 31 interviews with Colorado policymakers, peer make stronger experts, regulation enforcement, network behavioral well being suppliers and other people offering behavioral well being in prisons and jails to discover a number of views on Colorado’s Fentanyl Responsibility and Prevention Invoice and the function of the criminal-legal device in addressing substance use and overdose.
Maximum of our interviewees agreed that criminalization by myself wouldn’t resolve the opioid epidemic.
“You can’t incarcerate yourself to sobriety,” mentioned a rural regulation enforcement officer. “You can’t incarcerate yourself out of the drug problem in America.”
Criminalization of drug use
Incarceration and substance use are deeply intertwined. The U.S. properties one-quarter of the arena’s incarcerated inhabitants – in large part because of insurance policies created right through the “war on Drugs” of the Nineteen Eighties. The battle on medication integrated necessary minimal sentencing for drug-related fees and “three strikes” regulations that lengthened sentences after a couple of fees.
As of late, one-fifth of the U.S. incarcerated inhabitants has a drug-related fee.
Other people not too long ago launched from incarceration are much more likely to overdose than most people as a result of their tolerance is very much diminished following compelled abstinence and there aren’t sufficient community-based remedy choices.
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Incarceration is regularly noticed as a deterrent, however analysis presentations it’s not in truth related to diminished drug use. As an alternative, other people not too long ago launched from incarceration are much more likely to die of a deadly overdose and face a top chance of reincarceration.
Views of front-line employees
All 31 of the contributors in our learn about supported insurance policies to forestall fentanyl overdoses. On the other hand, maximum idea that use of police and incarceration as avenues to take action was once erroneous.
We spoke to a few people who felt the invoice was once suitable, however maximum felt that higher criminalization perpetuates stigma towards individuals who use medication. In addition they noticed the regulation as ignoring the foundation reasons of the opioid epidemic, which come with a loss of voluntary community-based remedy choices. In addition they mentioned the regulation creates disturbing regulation enforcement encounters that may perpetuate drug use as a coping mechanism.
“It just seems like there’s no getting away from [the police], they’re everywhere,” mentioned an city peer make stronger specialist. “I got arrested by the same cops, I don’t know how many times. And then it makes you want to try to be avoidant or run because they’re not going to help you.”
Contributors frightened that the coverage has an inadvertent chilling impact, deterring folks from calling 911 when an overdose happens.
“Most people with substance abuse are not trying to report anything or get help for fear of going to jail,” one rural supplier mentioned. “It’s so stigmatized that everyone’s just scared to do that.”
Find out about contributors frightened that the Colorado fentanyl criminalization invoice will deter other people from reporting an overdose for worry of being arrested.
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Contributors in large part idea that counties have been the use of incarceration as a default remedy atmosphere and that it wasn’t an excellent resolution.
“[I] don’t want to see [people] incarcerated, but I don’t want ‘em to die either,” mentioned an city peer make stronger specialist.
The folks we interviewed pointed to a loss of community-based care choices that would come ahead of individuals are incarcerated. The ones choices come with substance use remedy facilities, psychological well being products and services and network well being facilities.
Substance use remedy
Colorado’s fentanyl invoice did extra than simply build up consequences. It additionally supplied further investment for a state naloxone program and required that every one jails supply drugs for opioid use dysfunction.
Along side expanding consequences, Colorado’s invoice higher get admission to to naloxone, an opioid-reversal drug.
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Those drugs come with methadone, buprenorphine and extended-release naltrexone. All are a part of a longtime public well being technique proven to scale back overdose deaths and opioid use. They’re additionally proven to extend engagement with non-jail-based remedy and scale back reincarceration.
On the other hand, penal complex capability and the loss of remedy choices founded in a single’s network play a big function during which drugs are presented and to whom. As an example, simplest 11 out of Colorado’s 46 counties with a county penal complex have an opioid remedy program locally that may dispense methadone. Subsequently, some amenities don’t be offering all drugs, or simplest be offering drugs to folks with an energetic prescription or to sure populations corresponding to pregnant other people.
Making an investment in network answers
In accordance with our learn about’s findings, my learn about co-authors and I consider higher crook consequences must no longer be the answer for linking folks to remedy. As an alternative, there must be extra funding in long-term network answers.
One such resolution is Denver’s Substance Use Navigation Program. This system sends behavioral well being experts to emergency calls to forestall authorized involvement when anyone is experiencing misery associated with psychological well being, poverty, homelessness or substance use. In lots of instances, the ones persons are then routed to products and services somewhat than jails.
Our findings additionally lead us to consider there’s a want for extra participatory policymaking processes in terms of fentanyl law, and that policymakers must extra intently paintings with the individuals who will likely be maximum impacted via new law. Maximum of our contributors agree.
“[I] don’t think that [the] state realized how difficult it is,” mentioned a rural supplier about giving medication-assisted remedy in penal complex, an expanding want as extra individuals are arrested for fentanyl ownership. “They probably should come here and visit us.”
