Law Enforcement Action Partnership Opposes the FIGHT Fentanyl Act in a Letter to the Commission

By Gwynneth Redemann

MEDFORD, MA – The Law Enforcement Action Partnership this week wrote to the Commission on Combating Synthetic Opioid Trafficking, urging it to oppose the FIGHT (Federal Initiative to Guarantee Health by Targeting) Fentanyl Act that would “exacerbate existing problems” with the opioid crisis by making fentanyl-related substances a Schedule I drug permanently.

According to data provided by LEAP (Linkage and Engagement After Prison), 70 percent of Americans support an end to War on Drugs and want to see more humane methods and legislation implemented to deal with substance use disorder.

LEAP highlighted the overburdened criminal justice system and the large quantities of people with low-level drug offenses that need drug treatment services rather than incarceration.

In their letter, LEAP provided studies showing that “incarceration is neither a deterrent nor an effective strategy for addressing the root cause of substance use disorder.”

According to these studies, the tough-on-drugs approach implemented in previous decades has actually had the opposite of the intended effects, including “increased rates of re-incarceration, increased rates of homelessness, and decreased rates of employment,” said LEAP

LEAP noted the current correctional facilities in the U.S. are inadequate to “treat, rehabilitate, or otherwise mitigate substance use disorder or opioid use disorder.” And, further, those incarcerated addicted to opioids are “129 times more likely to overdose and die within two weeks or reentry” after being released back into society.

LEAP criticized past legislation from the height of the War on Drugs campaign, particularly the Anti-Drug Abuse Act of 1986 which they said made it more difficult for prosecutors and law enforcement to do their jobs.

They said that these types of policies, similar to the FIGHT Fentanyl Act, “eroded community trust in policing,” which has had a lasting legacy on the relationship law enforcement has with communities.

LEAP continued, “At a time when public scrutiny of policing is making daily news and overall trust is slowly rebounding from record lows, we need to be taking proactive measures to ensure that we are a value-add to the conversation and the wider community.”

LEAP reemphasized its intentions to prioritize “evidence-based strategies to treat opioid use disorder and reduce harm,” as listed in the letter.

These strategies include:

  • Increasing access to treatment options for behavioral and mental health care;
  • Ensuring robust funding to increase community-level capacity to deliver low barrier harm reduction services, especially including the distribution of naloxone, fentanyl test strips, and sterile syringes;
  • Recognizing that reducing the supply of illicit substances should be focused on combating organized crime; and
  • Leading the discussion on the introduction of safe supply to include treatment with pharmaceutical-grade medications, low barrier access to quality-controlled alternatives to adulterated illicit drugs, and widespread access to the means for people to be able to test them for their content and potency.

However, LEAP noted how previous legislation such as the SUPPORT (Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities) Act, which counters any efforts to legalize the use of Schedule I drugs, gets in the way of research for these evidence-based strategies.

Because of this strict legislation, any initiatives made to increase funding or find solutions to the opioid crisis are meaningless, including the ones made during the current Biden-Harris administration, said LEAP, adding, “The FIGHT Fentanyl Act will make our streets less safe while contributing to the over-criminalization of a public health crisis.”

LEAP also said that this act would further the racial, economic, and health inequalities that already exist in this country, urging the commission to oppose the FIGHT Fentanyl Act.

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