Colorado Law on Fentanyl Possession Shows Minimal Impact on Overdose Deaths
An initial study on the effects of Colorado’s law criminalizing possession of small amounts of fentanyl as a felony revealed that it had little impact on overdose deaths. However, it may have discouraged individuals from continuing treatment for opioid addiction.
House Bill 1326, passed in 2022, reduced the threshold for felony charges related to fentanyl to one gram from four grams. Additionally, selling a fatal dose of fentanyl became a class-one felony, punishable by up to 32 years in prison. Despite these changes, only nine cases were prosecuted within the first 10 months of the law’s implementation.
The legislation mandated a study by the state’s Behavioral Health Administration to assess whether the law led to a decrease in overdose deaths or an increase in individuals receiving medication for opioid addiction. Fentanyl was involved in nearly 60% of Colorado overdoses in 2023.
According to a report by researchers at the University of Colorado School of Medicine and Kaiser Permanente Colorado, overall overdose death rates remained stable in the initial 16 months following the law’s enactment. The study also highlighted that overdose deaths among Black Coloradans were higher than expected in certain months, although this trend was not unique to Colorado.
Dr. Joshua Barocas, the lead researcher, noted that Colorado’s overdose deaths aligned with national trends and projections predating the law change. U.S. Rep. Brittany Pettersen, a sponsor of the bill, acknowledged that a significant reduction in overdose deaths was not anticipated post-implementation.
While law enforcement sought additional tools to combat drug trafficking, the legislation’s emphasis on offering addiction treatment in jails and allocating resources for harm reduction initiatives was deemed more critical. The law required jails to provide buprenorphine, methadone, and naltrexone for opioid addiction treatment, although full implementation had not occurred at the time of the study.
Monitoring the law’s impacts remains a priority for the Behavioral Health Administration, as it may be premature to fully evaluate the effects of House Bill 1326. Recent data indicates a decline in overdose deaths nationwide, with Colorado poised to report a year-over-year decrease in 2024.
Over the past two decades, Colorado experienced a gradual increase in overdose deaths, with a notable surge during the pandemic exacerbated by the influx of fentanyl into the drug supply. While the total number of overdoses stabilized in 2022 and 2023, the proportion involving fentanyl grew.
The reasons behind the national decline in overdose deaths are multifaceted, including potential changes in drug usage patterns, improved safety measures in the drug supply, and increased awareness among drug users. The report highlighted that individuals with opioid addiction were equally likely to initiate buprenorphine or methadone treatment post-law change, although adherence to methadone treatment may have decreased.
Continued analysis of the law’s impact on various demographic groups is crucial, as researchers aim to understand how different populations of drug users have been affected. Despite uncertainties about the law’s long-term benefits, stakeholders in law enforcement and addiction services remain cautious about expecting substantial improvements, consistent with existing research on punitive drug policies.
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