Three States' Lawmakers Advance Bills to Legalize Safe Drug Consumption Sites

New York, New Mexico, and Colorado lawmakers have approved bills that authorize safe consumption sites for people to use illegal drugs under medical supervision and receive treatment.

Three more states are trying to reduce harm as they deal with the overdose crisis. Legislation to create safe drinking facilities is being pushed out of the New York Assembly Health Committee, the Colorado House and two panels from the New Mexico House. These bills will now be considered by their respective chambers, while the Colorado measure will go to the Senate.

Colorado

The Colorado House passed a bill by Rep. Elisabeth Epps, a Democratic Representative. This bill would allow cities in the state to authorise the establishment of overdose prevention centres .

According to the bill, the “Local Control of Lifesaving Overdose Prevention Centers Act” would allow people access to sterile drinking equipment, fentanyl test tools, counseling, substance abuse treatment referrals, and other harm reduction services.

The amendment was made to clarify that municipalities must hold a public hearing before allowing safe consumption sites to be established. The bill passed the House with 43 votes to 21.

The measure’s findings section states that “Preventable overdoses are an epidemic in Colorado and are a matter for both state and local concern.” “For too long, Colorado has favoritized a criminal justice approach to substance abuse disorders over prioritizing public safety.”

It continues, “Overdose prevention centres have been shown to save lives and increase safety in the community.” OPCs are associated with lower crime rates in their immediate surroundings, decreased communicable diseases transmission, a significant decrease in public drug consumption and littering, and a significantly reduced rate of in-public drug use.

New Mexico

Rep. Tara Lujan (D), would create an overdose prevention program in New Mexico’s existing harm-reduction program. This bill would expand the services to enable people to have safe drinking facilities.

The legislation was passed by the House Health & Human Services Committee last month. It cleared the Judiciary Committee earlier in the month with a minor modification on data collection.

The bill text states that the overdose prevention program will provide participants with safe and hygienic spaces to use and consume previously obtained controlled substances, under the supervision and guidance of overdose reversal specialists.

It clarifies that controlled substances cannot be sold, bought, traded, or provided to harm reduction program participants or overdose prevention program participants unless otherwise permitted by law.

The state Department of Health will need to collect data to assist in “planning, evaluating efforts to reduce overdose mortality and other adverse health outcomes associated with drugs use.” However, the legislation prohibits officials collecting personal information of participants like their full name and address.

This provision was modified by the Judiciary Committee in order to allow for an exception that allows personal information to be collected “as required under law for testing, treatment or other medical treatment.”

New York

The bill by Assemblymember Linda Rosenthal (D), passed New York’s committee on Tuesday. The state Department of Health would have to approve at least one center for overdose prevention. This will allow people to use pre-obtained drugs in a safe environment. Medical personnel are on hand to refer to treatment and prevent overdose deaths.

They would also need to provide syringe exchange services to clients, educate them on safe drinking practices, give naloxone for opioid overdoses, and collect aggregate data about participants and their experiences. The sanctioned activities would not be prosecuted against staff or participants.

Our statement from our Users Union Leaders here: https://t.co/AzFRM2SKWK

To truly turn the tide in this crisis, our state must have leadership and not politics. The #SCSA was passed today by the Assembly Health Committee. pic.twitter.com/yxxmvaXvOT

— VOCALNY (@VOCALNewYork March 21, 2023

Rosenthal stated in a press release that “we have a moral responsibility to use every tool within our toolbox to address opioid overdose crisis plaguing family, friends, and neighbors across the state.” He also said that the previous version of the legislation passed through the same session. “For many decades, New Yorkers with addiction have been cruelly denied the treatment they needed and deserve.

She stated that authorizing [overdose prevention centres] would send a clear signal to the country: New York State uses medically and scientifically-proven harm reduction methods to save lives, and connect people with services.

New York City is leading the way in sending this message by opening its first city-authorized safe drinking sites in late 2020. Officials claim that they have saved many lives.

The American Medical Association (AMA), published a July study that found that New York City facilities had reduced overdose risk and steered people away form using in public. They also provided other ancillary services for people who are currently using illegal substances.

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Federal Director Nora Volkow of the National Institute on Drug Abuse, tacitly supported the idea to authorize safe consumption sites last ye, arguing that there is evidence that these facilities can save overdose deaths.

Volkow has often promoted harm reduction policies to address addiction as a public health problem, but her comments about safe injection facilities stand out. This is especially true considering that the Justice Department is currently in litigation after Trump’s challenge to the opening of such an institution in Philadelphia.

DOJ and the nonprofit recently reached an agreement to transfer the case regarding legality of safe drug consumption websites out of federal district court to mediation before a magistrate judge to finally resolve the matter after many delays.

Last year, the department stated that it was ” actively evaluating supervised consume sites, and also discussing with state regulators and local regulators appropriate guardrails for such sites as part of an overall approach towards harm reduction and public safety.”

The White House drug czar stated last year that the Biden administration is reviewing larger drug policy harm reduction propositions including the authorization for supervised consumption sites. He even suggested possible decriminalization.

The Biden administration is currently investigating the clinical efficacy of such facilities. However, Rahul Gupta, Director of Office of National Drug Control Policy ONDCP (ONDCP), stated that the proposal to lift existing federal prohibitions is still on the table.

Gupta stated previously that it is crucial to investigate “any and all options” to reduce overdose death rates. could also allow safe consumption of illegal substances if there is sufficient evidence to support their effectiveness.

Xavier Becerra (secretary of U.S. Department of Health and Human Services) has indicated that the Biden administration will not block safe injection sites. He stressed that “we literally want to give users a breather.”

However, a spokesperson for the department later clarified that HHS did not take a position on the supervised consumption sites and that the issue was a matter of ongoing litigation. In any event, DOJ would have to decide whether to pursue the operators of these facilities under the Controlled Substances Act.

In 2021, Rhode Island was the first state to allow safe drug consumption sites pilot programs.

Advocates suffered two setbacks last year when Vermont’s governor vetoed an act that would have created a working committee to create a plan to open safe drinking sites, and the governor in California vetoed last year a bill to allow a pilot program to reduce harm.