Possession of needles, meth pipes not prosecuted for some under proposed Colorado bill

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Somebody caught with needles or a meth pipe that they received from a harm reduction center wouldn’t be prosecuted for possession of drug paraphernalia under a new bill in the Colorado legislature.

The bill, HB24-1037, introduced last month, is sponsored by Elisabeth Epps, Chris DeGruy Kennedy, and Kevin Priola. “Section four adds an exemption to the prohibition on possessing drug paraphernalia for possession of drug paraphernalia that a person received from an approved syringe exchange program, or a program carried out by a harm reduction organization while the person was participating in the program,” according to the bill’s summary.

All of the bill’s sponsors are Democrats. Democrats control both chambers of the state legislature. It is unclear whether Gov. Polis will sign the bill if it becomes law.

The bill also:

· Excludes injuries involving the possession of drugs or drug paraphernalia from a physician's mandatory reporting requirements.

· Clarifies that the civil and criminal immunity that protects a person who acts in good faith to furnish or administer an opioid antagonist also protects a person who distributes the opioid antagonist.

· Specifies that money appropriated to the department of public health and environment to purchase non-laboratory synthetic opiate detection tests may also be used to purchase other drug testing equipment.

· Authorizes an organization operating a clean syringe exchange program to provide drug testing services through the program.

“Of course, I’m supportive of the Harm Reduction bill,” said Lisa Raville, director of Denver’s Harm Reduction Action Center. “It was heavily vetted.” Colorado Coalition for the Homeless also supports to the bill.

According to the center, “Harm reduction is a set of practical strategies and ideas aimed at reducing the public health risks associated with drug use,” their website explains. “Harm Reduction calls for the non-judgmental, non-coercive provision of services and resources to people who use drugs, and the communities in which they live, in order to assist them in reducing harm. Harm Reduction is not the opposite of recovery, it is just the more patient and sustainable route.”

More than 3,000 prosecuted last year

According to the fiscal note attached to the bill, between fiscal years 2020-2021 and 2022-2023, 3,140 people were prosecuted for possession of drug paraphernalia. Of those, 2,173 were male, 956 were female, and 11 didn’t list a gender. Demographically, 2,671 were white, 220 were Black/African American, 161 were Hispanic, 15 were Asian, 11 were American Indian, 49 were classified as “other” and 13 were unknown. “It is assumed that most of these offenses did not include paraphernalia from an approved syringe exchange or harm reduction program,” according to the fiscal note. “The fiscal note assumes that there will be minimal reductions in case filings or convictions resulting from the new factual basis for paraphernalia possession or immunity for opioid antagonist distributors.”