To save lives, our government must prioritize a health approach to fentanyl and the overdose crisis, not more punishment. But sadly, Congress is seeking to increase drug penalties for fentanyl analogues in a misguided effort to help end overdoses. (Fentanyl analogues are substances chemically similar to fentanyl.) Yet, we know that drug prohibition only leads to stronger, more potent, more available illicit drugs. Criminalization has already failed time and time again to keep our communities safe. We must reject any further notion that this time—or for these substances–it will be different. It’s time to prioritize health approaches to fentanyl.
There is growing public acceptance of the fact that drug use is a health issue, not a criminal one. Unfortunately, some elected officials and members of law enforcement continue to call for punitive criminal policies. They have spread misinformation to drive up support for policies that hurt people instead of helping them, such as calling for criminalizing fentanyl analogues.
Increasing drug penalties for fentanyl analogues (illicit substances chemically similar to fentanyl) is a misguided effort to cut off the supply and reduce overdose deaths. We’ve already been down this road before, and it doesn’t work. It just creates more harm. Restricting prescription opioids did not end demand for opioids. Instead, it just sent people to the underground heroin supply. Crackdowns on heroin led suppliers to produce cheaper, more potent, and easily smuggled fentanyl.
Harsh fentanyl penalties incentivized fentanyl analogues to flood our markets. And now, history is once again repeating itself with the increased criminalization of fentanyl analogues.
The criminalization of fentanyl analogues more generally is leading to new and even more unknown drugs, like xylazine. We are increasingly seeing xylazine, etizolam, benzodiazepines, and nitazenes overtaking some markets as a result of harsh crackdowns on fentanyl analogues.
Simply put: crackdowns put us in a game of whack-a-mole. When we try to eradicate one drug, a new one comes up. Often, it is a drug that consumers are not prepared for or has unpredictable effects. As a result, it creates more harms, because people who use drugs are not aware of what they are using or how strong it is.
The most effective ways to address the presence of fentanyl and other analogues in our drug supply are evidence-based health and harm reduction approaches. And they are the only way we are going to turn the tide on the overdose crisis.
Instead of further criminalizing substances, we need a robust public health approach. This includes: