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Cato Daily Podcast

State Drug Sentencing amid Increasing Fentanyl Overdoses

Oct 9, 2023
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.
13:07

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Quick takeaways

  • 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.

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