Fentanyl is a potent synthetic opioid drug approved by the U.S. Food and Drug Administration for use as an analgesic (pain relief) and anesthetic. It is approximately 100 times more potent than morphine and 50 times more potent than heroin as an analgesic. From 2011 onwards, fatal overdoses associated with misuse of clandestinely produced fentanyl and fentanyl analogs, and law enforcement encounters increased markedly, leading to the crisis.
Fentanyl Legislation in the Western States
Western state legislature continued to introduce legislation during this year’s session in response to the fentanyl crisis. Of the 444 bills introduced in the 13 western states served by CSG West, 145 have been enacted. Utah leads the pack with a 76.5% enactment rate, followed by Colorado (61.1%), Nevada (50%), and Idaho (48.3%).
While most of the legislation pertains to drug schedule classification, examination of penalties for the illicit distribution and manufacture of fentanyl, and access to substance use disorder treatment, some different legislative approaches have emerged:
Drug Trafficking
Arizona and Idaho amended their current drug trafficking laws by introducing specific penalties for the sale of lethal fentanyl and illegal entry into the state outside lawful ports of entry (AZ HCR 2060), and adding to existing law to provide for the crimes of trafficking in fentanyl and drug-induced homicide (ID HB 406).
Education and Awareness
California, Oregon, and Washington passed legislation to increase awareness and education about the dangers of fentanyl. In California, AB 2429 requires its pupils to complete a course in health education for graduation from high school to include instruction in the dangers associated with fentanyl use.
Oregon’s SB 238 directs the Oregon Health Authority, State Board of Education, and Alcohol and Drug Policy Commission to collaborate on developing curricula supplements related to the dangers of certain drugs.
Washington enacted three bills to increase education and awareness: (1) Fentanyl and Other Substance Use Prevention Education [HB 1956], (2) Implementing a Statewide Drug Overdose Prevention and Education Campaign [SB 5906], and (3) Opioid and Fentanyl Prevention Education and Awareness at Institutions of Higher Education [HB 2112].
Creation of Task Forces
To manage the response to this multi-faceted issue, many states created task forces to address specific facets of endemic. In California, SB 19 created the Fentanyl Misuse and Overdose Prevention Task Force. Washington addressed issues specific to the tribal population by enacting SB 5950 [see p. 418, Section 145(a)] which established a Washington State Tribal Opioid and Fentanyl Response Task Force
Federal Fentanyl Initiatives
On August 1st, the White House Office of Public Engagement held a briefing with the National Security Council and the Office of National Drug Control Policy to highlight the Administration’s ongoing work to crack down on drug traffickers smuggling deadly drugs, including fentanyl, into the United States. The briefing was led by Jennifer Daskal, Deputy Assistant to the President, Deputy Homeland Security Advisor, and Dr. Rahul Gupta, Director of National Drug Control Policy.
Deputy Assistant Daskal discussed the Administration’s efforts to combat the opioid crisis and drug trafficking, including new actions and investments. Dr. Gupta emphasized the importance of expanding treatment and making sure everyone has access to opioid overdose reversal medications. They also highlighted the need for support programs to help individuals deal with trauma. Lastly, Deputy Assistant Daskal and Dr. Gupta discussed a US-China collaboration to combat the opioid epidemic, emphasizing the significance of public-private partnerships and international cooperation in addressing the issue. A detailed fact sheet outlining recent efforts can be found here.
What CSG West is Doing to Help Its Members Combat the Crisis
CSG West’s Public Safety Committee recently hosted a legislator-led discussion on fentanyl and western state strategies at the 2024 Annual Meeting in Portland. Highlights from that conversation can be found here. Additionally, the Health Committee heard from scholars and legislators on the use of psychedelics and psilocybin to aid in substance abuse disorder treatment at the 2023 Annual Meeting in Los Angeles. Excerpts from that session can be found here.
The committee will continue to engage with and serve as a platform to share ideas among Western policymakers on this important issue. For more information, please contact CSG West policy analyst, Shilpa Patel, at spatel@csg.org.