Across the nation, the opioid epidemic has wreaked havoc on the health and lives of far too many, and Colorado is no exception. According to Mental Health America, Colorado ranks fourth and seventh in the country for adults and youth with substance use disorders, respectively. That means thousands of our friends, neighbors and loved ones are living with addiction and can’t get the help they need. Overdose deaths in Colorado have risen sharply since 2019, largely due to the proliferation of fentanyl, with 1,603 deaths in 2024 alone, according to the state. 

It’s a public health crisis, and one we’re now at risk of making even worse. Last month, supporters turned in signatures to send Initiative #85 to the 2026 ballot, a measure that would increase criminal penalties for fentanyl crimes. We feel this threatens to drag us backward toward the failed policies and practices of the past rather than working toward a healthier future.

At the same time, state and federal funding for treatment and prevention is drying up. The recently passed federal spending bill HR1 will mean devastating changes to Medicaid, gutting the single most important source of funding for substance use treatment in the country. For the past several years, as more states have expanded Medicaid under the Affordable Care Act, Medicaid has emerged as the leading source of coverage for addiction treatment in the nation. 

A recent Brookings study found that nearly 90% of treatment for opioid addiction is paid for, at least in part, by Medicaid. These cuts will leave our already strained systems unable to meet the growing demand, particularly for low-income and disabled individuals who will have fewer treatment options and more barriers to care. 

Meanwhile, Colorado faced a $1.2 billion budget shortfall this year, and even more deficits are on the horizon for 2026. The state is stuck in a cycle of annual budget shortfalls of roughly $1 billion, making it increasingly difficult to cover existing programs and skyrocketing Medicaid costs. That means fewer resources to fill in federal funding gaps, a fraying behavioral health safety net, and an increasingly stressed population that is highly vulnerable to substance use and harm. 

Given this grim picture, it’s never been more critical to prioritize smart, effective policy to combat the overdose crisis. We should be focusing our scarce funding on evidence-based substance use prevention, treatment and recovery support, not costly, ineffective drug war criminalization policies that are historically discriminatory in their implementation and proven to fail. 

Mitigating and reversing the drug addiction crisis in Colorado and across the nation is complex and has to involve multiple strategies working in tandem to decrease supply and demand. While increasing criminal penalties related to drug addiction among individuals may seem like a tough-on-crime approach, it has not and will not resolve the drug addiction crisis nor dissolve the supply or the demand for illicit drugs.

Decades of data show that criminalizing substance users doesn’t reduce addiction or overdose. Recently, researchers at the University of Colorado Anschutz found the following: “Intensified drug enforcement laws have little deterrent effect on substance use and may worsen health outcomes. Fear of being arrested fosters riskier substance use behaviors and increased overdose risk. Incarceration and the subsequent stigma experienced by people with substance use disorder work in tandem to create barriers for treatment access and worsen mental health, creating a structurally reinforced cycle of isolation.” 

The research is clear. Harsh penalties haven’t protected our communities from the dangers of fentanyl. They have only compounded harm and pushed people deeper into the shadows, making it harder to seek help, and saddling individuals with felony records that create lifelong barriers to employment, housing, and recovery. 

Policies like the proposed 2026 ballot measure to increase felony charges for drug possession are not just misguided — they cost taxpayer dollars. They further overburden law enforcement agencies, flood jails, courtrooms and prisons that are already beyond their capacity, and ultimately do nothing to address the core of the opioid epidemic.

Instead of doubling down on punishing people who use substances, we need to expand what works: prevention programs in schools and communities, access to harm reduction tools like naloxone, and a robust continuum of care that includes outpatient and residential treatment. We need more support for peer recovery professionals, more public education and more investment in what keeps people healthy, which includes housing, food security and opportunities for connection. We need to act together, with assertive intelligence, to disrupt the black market drug trafficking that is the enemy of the people.

The opioid crisis is a public health crisis and demands a public health response. Colorado has the knowledge, data and tools to build a more effective and compassionate system. But we cannot do it if we are bleeding out resources to punitive policies that fail the people they claim to help.

Let’s not go backward. Let’s invest in health and safety and give Coloradans a real chance at recovery.

Vincent Atchity, of Denver, is the president and CEO of Mental Health Colorado.

José Esquibel, of Jefferson County, is the former vice chair of the Colorado Substance Abuse Trend and Response Task Force.

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