Correction: The column has been updated because “preliminary” data through October 2025 is available through the Centers for Disease Control and Prevention, though not conclusive.
Mugsy Fay Seldeen is the executive director of High Rockies Harm Reduction, the Roaring Fork Valley’s original harm reduction nonprofit meant to provide people experiencing addiction with life-saving resources. For more information, visit highrockiesharmreduction.com
When I started this editorial last month, I had a plan for what I’d write next time, but then I saw the March 25 Scuttlebutt item summarizing a press release from the Common Sense Institute (CSI) titled “Opioid overdose.” CSI claims that overdoses in Colorado have increased since December 2024 and encourages Colorado voters to strengthen criminal penalties for fentanyl possession, stating that this has been effective in Texas.
First of all, conclusive data doesn’t exist. Public health data generally isn’t available until 18 months after the fact. There isn’t complete county or statewide overdose data available for 2025 or 2026 in Colorado. The data that does exist within the state is for the City of Denver, and even this is preliminary and on a brand-new website. Public health staff have told me this data should not be taken as fact, since preliminary data isn’t always accurate. And as I’m sure readers understand, Denver data, even if finalized, is not representative of the entire state.
Second, some 2025 data available for Texas is based on ER visits for suspected overdoses, not confirmed overdose deaths. One issue with this data is increased criminal penalties make people less likely to seek medical care in the event of an emergency.
That’s why all states have some form of 911 Good Samaritan law to protect people who call 911 for overdoses, but Good Sam laws don’t undo the decades of harm and mistrust caused by misguided policies— like the war on drugs. So are fewer people overdosing in Texas, or are fewer people seeking medical help for overdoses because they’re afraid of getting in trouble?
Organizations like CSI are trying to push for higher criminal penalties for fentanyl, but they’re using fear tactics and not real evidence. Do these organizations really have our best interest at heart? Or are they spreading misinformation to sow fear?
Proponents of these laws state that putting people in jail keeps them safe and alive, but we’ve seen a lot of overdose deaths from synthetic opioids in jails recently. The sad truth is, it’s often easier to access drugs in jails and rehabs than on the streets. So criminalizing people doesn’t keep them safe, it keeps them caught up in the system and makes it harder for them to be productive members of society.
We’ve learned from decades of evidence that stronger criminal penalties do nothing to curb drug use or keep people safe. Increased penalties for certain kinds of drugs are rooted in racist, capitalist motives that target communities of color and people experiencing homelessness. These laws only benefit those who create them, not those affected by them.
What does every major health organization in the world recommend to combat drug misuse and overdoses? Harm reduction approaches that use nonjudgmental, noncoercive strategies to connect people with care and life-saving resources. Harm reduction programs ARE evidence-based and are considered the gold standard approach to reducing overdose deaths, the spread of disease, crime and other negative consequences of substance use.
In Garfield County, we’ve kept overdose deaths stable over the past several years, thanks to the collaborative efforts of High Rockies Harm Reduction, local public health and law enforcement departments, medical offices, libraries and other partners, like The Meeting Place in Carbondale, to get Narcan out in our communities.
Don’t believe the hype, vote no on Ballot Initiative #85 in November.
It’s just common sense.