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COSAM Cautions Against Reinstating Felony Penalties for Controlled Substance Possession
On April 12th, the Colorado Society of Addiction Medicine (COSAM) sent a letter to members of the House Committee on the Judiciary opposing calls to reinstate felony penalties for possession of small amounts of controlled substances. Currently, the General Assembly is considering HB 22-1326, a sweeping piece of legislation to address the rise in fentanyl overdoses in Colorado.
In the letter, COSAM referenced legislation enacted in 2019 which changed the penalty for possession of small amounts of a controlled substance (4 grams or less) from a felony to a misdemeanor. However, due to escalating numbers of fentanyl-related overdose deaths, there are renewed calls to restore previous felony penalties for simple possession within HB 22-1326. COSAM warned that this approach is ultimately counterproductive to reducing substance use and limiting overdoses. Additionally, COSAM highlighted how the burden of prior criminalization efforts disproportionately fell on communities of color and individuals with limited means. Further, criminalization reinforces stigma which inhibits opportunities for treatment and rehabilitation. Instead of reverting back to an outdated model, COSAM called on lawmakers to expand evidence-based treatment and harm reduction strategies in any effort to address the impact of fentanyl in Colorado.