The Health Impacts of Felonizing Fentanyl Possession

Abstract

BACKGROUND

On May 25, 2022 the Colorado General Assembly enacted HB 22-1326, Fentanyl Accountability and Prevention. Among other activities, HB 22-1326 directs the Behavioral Health Administration (BHA) to contract with an independent entity to study the health effects of criminal penalties of synthetic opiates and felonizing fentanyl possession pursuant to the changes outlined in section 18-18-403.5 (2.5). Contractor must possess expertise in clinical epidemiology, biostatistics, substance use disorder and data analytics. Preferred qualifications also include experience working in the intersection of the criminal justice system and substance use disorder. The study will inform the impact from the change in criminal penalties associated with synthetic opiates.

OBJECTIVE

To study the health effects of felonizing fentanyl possession and criminal penalties of synthetic opiates and disseminate findings about the impact and health effects. A report will be due to the BHA no later than December 31, 2024. The BHA shall publish the report no later than January 31, 2025.
The goals of this study are to:

  • Estimate the health impacts on individuals with and without substance use disorder (SUD) as a result of the change of criminal penalties of synthetic opiates.
  • Document patterns of felony charges associated with synthetic opiates, in particular fentanyl possession.
  • Document the intersection of justice involving individuals with substance use disorder.
  • Ensure the study and findings are grounded in principles of health equity and social justice.

Funding

Colorado Department of Human Services Behavioral Health Administration, Grant: 25 IBEH 192399

Reports

State Report