Colorado’s 2022 fentanyl law didn’t reduce overdose deaths, study finds

An initial study on the effects of Colorado’s law making possession of small amounts of fentanyl a felony revealed that it had little impact on overdose deaths. However, the law may have deterred individuals from continuing treatment for opioid addiction.

House Bill 1326, passed in 2022, reduced the threshold for felony charges to one gram from four grams of any drugs containing fentanyl. Selling a dose of fentanyl that resulted in a fatality became a class-one felony, carrying a sentence of up to 32 years in prison. Despite these strict regulations, only nine cases were prosecuted in the first 10 months following the law’s implementation.

A study mandated by lawmakers to assess the law’s impact on reducing overdose deaths or increasing access to medication for opioid addiction revealed that fentanyl was a contributing factor in nearly 60% of Colorado overdoses in 2023.

However, the overall death rate from all overdoses remained relatively unchanged in the initial 16 months after the law’s enactment, according to a report by researchers at the University of Colorado School of Medicine and Kaiser Permanente Colorado. The study also noted that overdose deaths among Black Coloradans were higher in certain months, although this trend was observed in other states without similar legislative changes.

Dr. Joshua Barocas, the lead researcher, emphasized that Colorado’s overdose deaths aligned with national trends and pre-existing projections, indicating that the law did not reverse these trends.

U.S. Rep. Brittany Pettersen, a former sponsor of the bill, acknowledged that a significant decline in overdose deaths was not anticipated following the law’s passage. She highlighted that law enforcement sought additional tools to combat drug trafficking, while emphasizing the importance of providing addiction treatment services and harm reduction initiatives.

While certain aspects of the law, such as the requirement for jails to offer opioid addiction treatment medications, had not fully taken effect during the study period, ongoing monitoring by the Behavioral Health Administration will assess the law’s overall impact.

Although the data did not capture the recent decline in overdose deaths nationwide, Colorado’s trajectory indicated a potential decrease in overdose fatalities. The state experienced a surge in overdose deaths during the pandemic, coinciding with the introduction of fentanyl into the drug supply.

Further analysis will explore how the law affected different demographics and groups within the drug-using population. Despite uncertainties surrounding the law’s long-term effects, researchers remain hopeful that ongoing evaluations will provide valuable insights into its implications for public health.

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