I_OpioidSubstance_2023A 09/27/2023 09:09:09 AM Committee Summary

Sophie Feffer, Drug User Health Coordinator, CDPHE, gave an overview of the harm reduction programs through the department. She shared information on the free fentanyl test strip distribution program and how it is using House Bill 22-1326 funds. She answered questions from the committee regarding what restrictions there were on using these funds.

Andres Guerrero, Overdose Prevention Unit Manager, CDPHE, gave an overview of the naloxone bulk purchase fund and what requirements are guidelines there are. 507 entities in Colorado have received free doses from the fund with the number of doses distributed tripling this year. He shared information on additional projects including overdose trends report, youth development strategies, and a xylazine work group.

Sam Bourdon, Harm Reduction Grant Fund Manager, CDPHE, spoke about how Senate Bill 19-008 created the harm reduction grant fund and the agencies that receive funds through it. She spoke about the programs being funded by the grants including public awareness campaigns, housing support, and distribution of harm reduction supplies. She spoke about House Bill 22-1326 and how the funds allowed for expanding programs to additional eligible entities.

The panel answered questions from the committee regarding how long funding for these programs will last. Mr. Guerrero answered a question on expired naloxone and if there was knowledge of how much was being thrown away by facilities. Ms. Bourdon answered a question about contingency management programs. Mr. Guerrero answered a question about outreach to schools and the stigma behind naloxone.

Shalyn Ketterin, Counsel to the Attorney General, spoke about the illicit substances online report that the AG office created. She touched on how the evolution of the internet, specifically social media has corresponded with the progression of the opioid crisis leading to a large market. She stated that underlying social media data is not readily available and the information they receive is what is allowed by the company.

Ms. Ketterin spoke about messaging apps and online groups that are used for illicit drug purchasing and explained the methods one may use. She shared stats from surveys related to how readily available drugs are for purchase online.

Ms. Kettering showed examples of social media posts that may be related to illicit drug sales and explained how they may be written in a purposeful way to avoid being detected. She gave an overview of certain platform features that make buying drugs on social media easier, including publicly available user profiles, end to end encryption, anonymous engagement and geolocation mapping. Their office found in general that social media companies response to drug activity on their platforms has been both uneven in application and limited in effectiveness.

Ms. Kettering went over legal limitations including Section 230 which immunizes web hosts from legal liability for moderating, the stored communications act, the first amendment, and data privacy laws. Companies often argue that access to drugs does not classify as imminent death to comply.

She spoke about best practices for online platforms such as allowing third party content moderation and to submit to independent, external oversight. Developing clear policies prohibiting illicit substance promotion and allocating sufficient resources to preventing and taking action against these posts were additional recommendations.

Recommendations for Colorado include requiring disclosure of policies on illicit substance transactions and related enforcement data. Examples of this include stats on drug related posts and how they were dealt with. Structuring enforceable best practices and providing increased resources to law enforcement o investigate online narcotics cases. It was also suggested to increase investment in harm reductions and substance abuse specifically targeted at young teens and teenagers as well as increasing social media literacy for parents and caregivers.

Ms. Kettering answered questions from members of the about the social media and emoji information shared regarding online drug sales in the state. She also answered a question regarding how law enforcement may be able to use this data and information to take action. She answered a question regarding having social media platforms cooperate with investigations.

Ms. Kettering answered a question regarding what the goal of the recommended policies would be and how this relates to being a responsibility of the social media platforms. She spoke about the efforts to recognize operations that are larger scale operations and not closer to the gray area between user and dealer. She touched on how social media companies are increasing parental controls.

A panel of witnesses testified. Carolyn Swenson, representing The Peer Assistance Services, testified. Hannah Nibaver, representing The Peer Assistance Services, testified.

Ms Lacey Hays, representing SAFE, testified. The committee asked questions to the witness.

A panel of witnesses testified on the bill. James Karbach, representing Colorado State Public Defender’s Office, testified. Dr. Sukhmeet Sandhu, representing Colorado Society of Addiction Medicine, testified. Dr. Stephanie Stewart Stephanie Stewart, representing Colorado Society of Addiction Medicine, testified. Dr. Gillian Lee Gillian Lee, representing Colorado Society of Addiction Medicine, testified. Dr. Ethan Stortz, representing Colorado Society of Addiction Medicine, testified. The committee asked questions to the panel.

A panel of witnesses testified on the bill. Dr. Vincent Atchity, representing Mental Health Colorado, testified. Bridget Anshus, representing Mental Health Colorado, testified. Emily Zadvoray, representing the Colorado Pharmacists Society, testified. Saskia Young, representing the Colorado Association of Health Plans. The committee asked questions to the panel.

A panel of witnesses testified on the bill. Doug Farmer, representing the Colorado Health Care Association, testified. Dr. Jose Esquibel, representing the Colorado Pain Society, testified. Dr. Omar Mubarak, representing themself, testified.

Frank Cornelia, representing the Colorado Behavioral Health Care Council, testified. The committee asked questions to the witness.

Nick Robles, representing Bolder County Community Services, testified.

A panel of witnesses testified. Donald Stiler, representing themself, testified. Nick Robles, representing Boulder County Community services, testified. Christina Johnson, representing themself, testified. The committee asked questions to the panel.

Dr Georgia Babatsikos, representing Boulder County Public Health, testified.

A panel of witnesses testified. Jennifer Dillon, representing the Colorado Drug Policy Coalition, testified on the draft bill. Keith Prior, representing themself, testified. Richard Woodruff representing themself, testified. Vanessa Rutledge, representing Citizens for a Safe & Clean Denver, testified. The committee asked question. The Office of Legislative Legal Services spoke on the committee's questions.