Denver, Colorado – A recent study has revealed that the Colorado law aimed at combating the fentanyl crisis by toughening penalties has not decreased overdose deaths. The law, which converted the possession of small amounts of fentanyl into a felony offense, was enacted in May 2022 under the Fentanyl Accountability and Prevention Act, signed by Gov. Jared Polis.
A key component of the legislation was the reclassification of possessing one to four grams of any drug containing fentanyl, elevating it from a misdemeanor to a Level 4 drug felony. Alongside the increased penalties, the act also allocated additional funding toward mental health and harm reduction services. These included the distribution of naloxone—a medication designed to rapidly reverse opioid overdose—and fentanyl testing strips. Additionally, the law mandated that state-operated jails must implement opioid treatment plans which could include treatments like methadone.
The study, led by Dr. Joshua Barocas, an associate professor of medicine at the University of Colorado Anschutz campus, was mandated to assess the effectiveness of the law. Dr. Barocas reported that his findings indicated no correlation between the law’s punitive measures and a reduction in fentanyl-related fatalities. He expressed concerns about ongoing barriers to accessing treatment drugs such as methadone, which must still be dispensed at registered clinics. This requirement poses significant challenges to individuals trying to maintain employment and family responsibilities while undergoing treatment.
Dr. Barocas highlighted the practical implications of these restrictions, pointing out the daily hassle patients face when needing to queue up at methadone clinics early in the morning, which disrupts their daily lives and can deter continued treatment adherence.
Statistically, from January 2015 to November 2023, Colorado saw 11,275 overdose deaths from fentanyl among adults. An analysis of the percentage of all adult deaths attributed to overdose in Colorado residents shows a gradual increase from 2.4% in 2015 to 3.7% in 2022. These numbers underscore the growing impact of the opioid crisis over the years.
In light of the study, Dr. Barocas is engaging with lawmakers and stakeholders to discuss these findings and encourage future legislation to address the shortcomings of the current laws. The hope is to create more effective strategies that not only penalize illegal drug possession but also enhance access to and retention in treatment programs.
The ongoing battle against the opioid epidemic in Colorado is a reminder of the complex challenges in addressing substance misuse through legislation alone. As the state evaluates the effectiveness of its approach to fentanyl and other opioids, continuous adaptation and responsive policymaking will be key in crafting solutions that truly protect and help its citizens.
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