On Monday, before the Colorado House passed an amended House Bill 22-1326, the expansive bipartisan fentanyl bill that divided law enforcement and harm-reduction groups, we came across a headline that leveled us. “We’re Done with Dead Kids” ran over a recent U.S. News & World Report story about fentanyl overdoses.
It hit close to home with more than 800 Coloradans, 35 of them ages 10 to 18, dying from fentanyl overdoses last year, up from 540 the year before, according to state data.
And just this week, autopsies reveal three people died of fentanyl-related overdoses in a Cortez motel on March 4. Fentanyl is surprisingly ubiquitous and requires a comprehensive, swift response. This bill, though, is overly ambitious. There’s too much in it to reasonably accomplish. If it becomes law, we’re not sure it can deliver.
Moving to the Senate, the bill increases penalties for possession and requires treatment for certain offenses, among other initiatives.
Let’s start with this legislation’s most polarizing part – “knowingly” possessing more than 1 gram of fentanyl or a fentanyl compound would be a felony. We generally don’t support more stringent criminal penalties for drug offenses, not believing that it’s helpful. We resist further criminalization to fight fentanyl.
The word “knowingly” is a potential nightmare for law enforcement with increased police work, which could go sideways if it doesn’t stand up to courtroom scrutiny.
How could “knowingly” be proven or even useful when so many users believe they are consuming heroin or, increasingly, cocaine or methamphetamines, not knowing it is actually fentanyl or contaminated with fentanyl? And people lie, especially when facing a prison sentence.
La Plata County Sheriff Lt. Joey La Venture is quick to say no bill is perfect. “I’m not a huge fan of 1 gram or more being a felony,” La Venture said. “It’s how lethal this drug is. Any amount should be a felony because it’s so deadly.”
La Venture added that if a pill isn’t from a pharmacy, there’s “a good chance” it has fentanyl in it.
Montezuma County Sheriff Steven Nowlin agreed on the felony charge. “This illicit drug is having a serious impact in our community,” Nowlin said. “We have seen where no criminal penalty has an affect on deterrence and/or overdoses.”
As first responders, they see what most of us don’t.
Meanwhile, state analysts expect that a new law would mean felony possession charges for approximately 150 more people each year, adding to an increase of nearly $14 million in spending on prisons over five years.
Both La Venture and Nowlin added they want real help for addicts.
For certain offenses, the bill ties the hands of judges, who would require residential treatment. It’s questionable, though, whether Colorado can offer beds to every person who needs one. Already, about 450 people are on waitlists. A downside of HB 22-1326 is that it demands something we don’t have.
The fentanyl bill also includes about $28 million for state education campaigns, opiate antagonists, fentanyl testing strips and harm reduction grants, along with $3 million for medication-assisted treatment in jails.
The fentanyl bill, however flawed, comes from good intentions, along with much fear. And fentanyl is definitely something to fear. We can’t incarcerate our way out of this or force healing. The humanity here is understanding many illicit drug users were once prescribed legal opiate painkillers.
The headline we mentioned from the U.S. News & World Report story is a quote from Alison Heller, co-founder of the harm-reduction nonprofit FentCheck in Oakland, California. Heller leaves fentanyl testing strips in bar restrooms for users to test drugs for fentanyl.
With HB 22-1326, school boards would determine whether to have fentanyl testing strips on school grounds. This may be an upcoming battle in the culture wars. We can’t even decide on books! But we are strongly sure about this part of the bill. It’s tangible. It’s easy. Yes, let students test drugs for fentanyl. It might prevent one child from dying.
