DENVER — A Colorado law that made the possession of small amounts of fentanyl a felony did nothing to reduce overdose deaths, according to a new study.
The Fentanyl Accountability and Prevention Act (House Bill 22-1326) was signed into law by Governor Jared Polis in May 2022. It elevated possession of one to four grams of any drug containing fentanyl from a misdemeanor to a Level 4 drug felony.
The bill also boosted funding for harm reduction and mental health services, including money for naloxone distribution and fentanyl testing strips, and required state jails to have an opioid treatment plan, such as methadone, for inmates.
- Watch our initial coverage in the video player below
Dr. Joshua Barocas, an associate professor of medicine at the University of Colorado Anschutz campus, headed a mandated study to look at the effects of the law. He told Denver7 his study found no correlation between increased punishment and fentanyl overdose deaths.
According to Barocas, the law did nothing to improve access to treatment drugs, like methadone, which are still required to be dispensed at methadone clinics.
"Think about if you're trying to keep a job, trying to raise a family and you're trying to, as we want people to do, get their life back on order. Methadone is a great medicine for that. But imagine having to get in line and stand outside every morning at 6 a.m. before you go to work, before you get your kids ready. These sorts of archaic laws we have in place keep people from being retained on medicine that we know helps," said Barocas.
- View the study below
The study found that between January 2015 and November 2023, there were 11,275 fatal overdoses among Colorado adults. Overdose accounted for the following percentage of all adult deaths among Colorado residents:
- 2.4% in 2015
- 2.4% in 2016
- 2.6% in 2017
- 2.5% in 2018
- 2.7% in 2019
- 3.0% in 2020
- 3.8% in 2021
- 3.7% in 2022
Barocas and his team are now meeting with lawmakers and other stakeholders about the findings in hopes that future laws will include provisions this one missed.
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