Friend,

Today, the Center for Disease Control and Prevention (CDC) reported that in 2022, overdose deaths reached record highs. 107,941 people died of overdose in the U.S., a slight increase from 2021. We cannot lose nearly 110,000 people a year to overdose. This should not be the new normal. 

These are not just numbers; they are lives. They are our loved ones: our families, our friends, our neighbors. No one should die from overdose. These deaths are preventable.  

After half a century of this drug war, this just affirms what we already know – increased criminalization cannot solve our overdose crisis. In fact, it is only making the crisis worse. Here’s what you need to know: 

The unregulated and unpredictable drug supply has driven increases in overdose deaths. And the current state of the drug supply is due to drug crackdowns and enforcement. As heroin overdoses began to rise in 2010, crackdowns on the drug increased. As heroin became harder to find, fentanyl – a synthetic opioid – began to appear. This phenomenon is known as the “iron law of prohibition” – where harsh law enforcement of one drug leads to the introduction of new, and often more potent, drugs.  

Criminalization is increasing overdose deaths and making the crisis worse. Drug and alcohol overdose deaths have more than doubled in jails and prisons. People are 27 times more likely to die from overdose within two weeks of release from incarceration compared to the general population. And fear of arrest can deter people from asking for help during an overdose emergency. 

Despite an urgent need for a health-based approach to the overdose crisis, there are barriers to proven interventions. Many places that want to establish overdose prevention centers are afraid of federal interference. Harm reduction programs across the nation, from California to Idaho to Pennsylvania, are under attack. Medications for opioid use disorder reduce opioid cravings and withdrawal symptoms while cutting overdose risk in half – but they are difficult to access due to strict regulations and stigma. Meanwhile, people with stimulant use disorders have few evidence-based treatment options because Contingency Management is inaccessible and there are no FDA-approved medication treatments. 

Elected officials across the country continue to call for disproven, ineffective criminalization policies in response to this crisis. Drug offenses remain a leading cause of arrest across the nation. In 2022, all states except one (Oregon) criminalized small drug possession, and all states criminalized drug sales. Fentanyl-related substances have been federally criminalized since 2018. As the CDC data shows, overdose rates have increased across the country despite these punitive drug laws. 

It’s past time for our elected officials to focus on investing in the addiction services and social supports that will prevent overdose deaths, instead of doubling down on criminalization. We don’t have time left to waste rehashing failed, punitive policies. To save lives, we need to prioritize solutions like overdose prevention centers, evidence-based treatment, harm reduction, and safer supply.