State Drug Sentencing amid Increasing Fentanyl Overdoses
Oct 9, 2023
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Lauren Krisai, Justice Action Network commentator, discusses misconceptions about drug dealers and users, the current state of drug sentencing amid increasing fentanyl overdoses, lessons learned from the get tough experience in the 1990s, drug paraphernalia laws hindering harm reduction efforts, and the complexity of the fentanyl overdose crisis and how lawmakers should address it.
Increasing penalties for fentanyl-related offenses has not proven effective in reducing overdose deaths.
States adopting harm reduction strategies, such as legalizing fentanyl test strips and increasing access to mental health services, have shown promise in reducing overdose deaths.
Deep dives
States reconsidering tough sentencing laws
In the 1990s, many states implemented tough sentencing laws to crack down on crime, resulting in overcrowded prisons. Texas, however, took a different approach by implementing modest reforms and reducing its prison population. This move inspired criminal justice reform movements in conservative states in the early 2000s. Although some states have made progress with criminal justice reforms over the past few decades, others are proposing tougher sentences for crimes related to fentanyl. However, history has shown that increasing penalties for specific drug crimes can actually lead to an increase in overdose deaths, as seen in Florida when they passed tougher penalties for fentanyl-related offenses. Recognizing that addressing the root causes of addiction is crucial, some states have started looking at improving access to mental health services and treatment as a preventative approach.
Cracking down on fentanyl-related crimes
Several states are attempting to combat the fentanyl crisis by pursuing tougher penalties for crimes related to the substance. However, this approach ignores the lessons learned from previous drug crises. When crackdowns on opioid pills occurred, people turned to heroin, and now fentanyl has become the drug of choice. Increased penalties for fentanyl-related offenses have not proven effective in reducing overdose deaths, as demonstrated by the soaring overdose deaths in Florida after implementing strict penalties. Despite this, some western states are also considering increasing penalties for fentanyl. It is clear that the same failed strategies from the past are being repeated, rather than focusing on effective prevention measures.
States moving towards harm reduction
While some states are still pursuing tough penalties for drug-related offenses, others are recognizing the importance of harm reduction strategies. These states are adopting laws that prioritize the health and safety of individuals who use drugs. Measures such as legalizing fentanyl test strips, increasing access to mental health services, and implementing good Samaritan laws have shown promise in reducing overdose deaths and promoting harm reduction. Some states are also considering allowing nonprofits to distribute clean needles. These steps acknowledge the need to address the root causes of addiction and prevent overdose deaths, rather than solely relying on punitive measures.
Misconceptions about the motivations of drug dealers and users have likely worsened the increases in drug overdoses. Are state lawmakers rethinking how they approach drug-related sentencing? Lauren Krisai of the Justice Action Network comments.