Criminalization is not a data-driven solution to combat the fentanyl crisis

The rise of fentanyl in our communities coupled with the alarming spike in fentanyl-related overdose deaths is an urgent public health crisis that demands immediate action by policy makers at every level of government in order to save lives. Healthier Colorado agrees that something needs to be done. But HB22-1326 in its current form is not the answer and will make the current overdose crisis worse. 

HB22-1326 claims it will help Colorado through our fentanyl and overdose crisis, yet fails to incorporate the needed reforms and investments in prevention, treatment, and recovery services that will save lives and get fentanyl off the streets. Instead, it prioritizes disproven, ineffective policies that will resign Colorado to seeing the same results we see today and worse outcomes for low income communities, people of color, and those needing treatment and recovery services. 

Healthier Colorado asks for your advocacy to help change the course of this harmful bill. Email your State Representative today and tell them that criminalization is not a data-driven solution to combat the fentanyl crisis. 

Experts have shared that the best practice to get fentanyl off the streets and to disrupt supply chains is to target high-level dealers and to prevent fentanyl from making its way into our neighborhoods. Between 2020 and 2022, we saw that Colorado primarily arrested low-income people instead of high-level dealers who distribute this dangerous substance. 

HB22-1326 will be costly to taxpayers and will prolong Colorado's fentanyl and overdose crisis. Your advocacy on this bill will promote the idea of your legislators going back to the table and finding solutions to this epidemic that are proven and driven by experts.

I am writing to you today to ask that you amend HB22-1326 (The Fentanyl Accountability and Prevention Act). As your constituent, I do not support it in its current form. 


We know that strict punishment for drug possession doesn't lead to better treatment outcomes, fewer overdose deaths, lower incarceration rates, or a decrease in illegal drugs sold. It simply leaves Colorado in the same place we are today and without options for people to access successful prevention, treatment, and recovery services.


In 2019, Colorado lawmakers acted on the lessons learned from the criminalization tactics of the past by removing felony convictions for simple drug possession. We must not so quickly forget these lessons in the face of current challenges by refelonizing simple possession of fentanyl and any drug with trace amounts of it in it. Increasing penalties for drug addiction doesn't solve the underlying public health crisis and disproportionately hurts low income and communities of color. 


As fentanyl ravages our communities, we want our elected officials to address this epidemic as a public health crisis, not a criminal justice crisis. Please don't leave Colorado in a worse off position two, four, and six years from now because HB22-1326 won't accomplish what it aims to do. 


The good news is that you still have time to fix this bill - guided by smart, science- and data-driven policy making. This is your opportunity to make a substantial difference in our overdose rates. Please enact policies that will save lives.
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