Dozens of harm reductionists descended upon Annapolis this week to convince lawmakers to prioritize saving lives as they weigh bills that could bring formative changes to state drug policy — and I was taken along for the ride.
As part of Overdose Prevention Advocacy Day on Wednesday, I bussed to Maryland's capital with the Baltimore Harm Reduction Coalition and other groups fighting for the well-being of drug users. Through boots-on-the-ground advocacy and passionate testimonies, they urged lawmakers to support bills that would decriminalize drug paraphernalia and legalize overdose prevention centers. Meanwhile, they sought to kill legislation that would augment criminalization efforts and potentially dissuade life-saving overdose interventions.
"Harm reduction in particular can be controversial; people have different attitudes towards it," said Dan Rabbitt, policy director at Behavioral Health System Baltimore. "So we just have to work that much harder."
Rabbitt led one of the multiple groups that broke off from a large crowd of local officials, experts and harm reduction advocates to walk the halls of the Lowe House Office Building.
The group's goal was to ensure delegates were well-educated about harm reduction legislation and push them to align with the best interests of drug users. It's a bit of a strategic game, Rabbitt said, as it's important to know when — and where — to grab lawmakers. Knowing who are allies and who sits on the committees in control is also crucial.
It's difficult but necessary work, as state lawmakers have a crucial role in creating drug policy that impacts every corner of the state.
"A lot of the issues we are dealing with as it relates to substance use, recovery, addiction and the opioid crisis in general start from legislation at the state level," said Baltimore City Councilwoman Phylicia Porter. "We have a great opportunity to make sure the city is represented. But if we're going to make substantial an impactful change, we have to work with our state and federal partners."
The bills on Wednesday's lobbying agenda have mixed success stories in the General Assembly. Despite an overwhelming Democratic majority, there is not always consensus on drug policy among more centrist Democrats and progressives.
The group of officials and activists largely focused on two bills as they visited delegates' offices. One would decriminalize paraphernalia statewide, which previously passed both chambers but was vetoed by former Gov. Larry Hogan in 2021.
The other is more controversial, and it's one harm reductionists oppose: It would create a 20-year maximum sentence for those who distribute fentanyl or heroin that leads to death, also known as "drug-induced homicide." On top of a law passed in 2017 that increased the maximum sentence for opioid dealers to 30 years, those who sell drugs could see as many as 50 years behind bars if the bill passes.
The group's lobbying success was mixed. Multiple delegates were simply not in their offices, so there was no one to convince. Others, such as Del. Elizabeth Embry, D-Baltimore City, carefully listened to their concerns and indicated they were on their side.
From a public health perspective, the positions of those who gathered for Overdose Prevention Advocacy Day make sense as they fight to end the War on Drugs.
They argued that decriminalizing paraphernalia would allow drug users to utilize syringe service programs without fear they could be arrested for having their supplies. They oppose the drug-induced homicide legislation because it ramps up a criminalized approach to drug policy and could therefore dissuade individuals from calling first responders when someone overdoses.
Though the politics of harm reduction can be touchy at the state level, the advocates have an ally in Baltimore Mayor Brandon Scott — who leads a city at the epicenter of the nation's overdose crisis.
Earlier this year, Scott released his "legislative priority" list, which included passing the decriminalization legislation and a bill that would legalize overdose prevention centers, or OPCs. While he has not indicated he will push for OPC programs at the city level, he has for years supported statewide efforts as Baltimore's fatal overdose rate grew to the highest of any major city in the U.S.
"The mayor talks about how we have the best delegation in the House and Senate," said J.D. Merrill, deputy mayor for equity, health, and human services. "It's really important to make sure we are engaging them and letting them know what the mayor's priorities are, and how the legislation happening here in Annapolis is impacting people's day-to-day lives in Baltimore. We're making tremendous progress in reversing the opioid and overdose crisis in the city, but we need help from our partners in Annapolis."
Officials hope the mayor's priorities carry weight within the General Assembly. And perhaps the most notable legislation — the bill that would legalize OPCs — was left for the end of the day when experts and activists lined up in front of the House Health and Government Operations Committee for a hearing.
OPCs have been proven to prevent fatal overdoses and reduce litter in surrounding areas. They've also had success with connecting drug users to numerous services, including treatment programs.
For several of those who testified, OPCs could have helped ensure their loved ones who used drugs were still alive. And for harm reduction as a whole, they could help drive deaths down further after Baltimore just saw a historic drop in fatal overdoses last year.
The House bill's sponsor — who also chairs of the committee — is Del. Joseline Pena-Melnyk, D-Prince George's. She has pushed for the bill for years as it repeatedly died in committee, failing to see votes on the House or Senate floor. But it wasn't for a lack of trying, as evidenced by the support voiced by her and some of her colleagues on Wednesday.
"We're losing lives, and the reason is because most people that overdose, overdose by themselves," Pena-Melnyk said. "They're in a dark alley by themselves. They're in a bathroom by themselves. They don't have a loved one to administer naloxone. This will give people a safe space to use their drugs."
"It works, and it keeps people alive."
All of the bills discussed on Wednesday are now awaiting votes in their respective committees, with companion bills in the Senate also awaiting committee votes. It's unclear what their fates will be, as Gov. Wes Moore and lawmakers are caught up in efforts to close a multi-billion dollar budget shortfall.
They may not pass this session. But that won't stop activists from fighting to save lives amid an unprecedented overdose crisis, said Darci Curwen-Garber, services coordinator for the Baltimore Harm Reduction Coalition.
“The reason to continue fighting is you don’t stop loving people. You don’t stop loving our family members, our neighbors, ourselves,” Curwen-Garber said. “So the reason to keep fighting is that you can keep being connected. And without them, we don’t have our whole selves either. They are part of us, community makes us, so we need to support them.”
Earlier this week, I posted a guide on how to submit tips and feedback to Mobtown Redux:
I've always said journalists are nothing without their sources and, in my experience in the field over the last seven years, feedback and tips from readers often become hard-hitting news stories. That has been true both in my time writing at newspapers and running an independent publication.
Therefore, in the spirit of reader participation, let's make a trade. Tell me what you'd like to know more about, and I'll write on it — it's that simple.
Check out the full guide here.
I also posted an article about Baltimore's new Opioid Restitution Advisory Board in partnership with the Baltimore Beat:
Mayor Brandon Scott swore in 20 members of the city’s new Opioid Restitution Advisory Board last week, eight of whom were chosen because of their personal history with substance use disorder and overdose.
The board — composed of 17 voting members and three non-voting members — is one of numerous new initiatives first announced last year to help determine how the city’s hundreds of millions of dollars in opioid settlement funds will be spent to address the crisis.
More than 180 people applied for the board positions, Scott said last week. After a selection committee narrowed down the field, a separate committee composed of experts in the substance use field chose the final candidates. The mayor then approved the selections.
Board members were limited in what they could talk about during interviews, as city officials said doing so could negatively impact the city’s ongoing litigation. Yet all the board members echoed the importance of including voices such as theirs as the city looks to put a historic amount of settlement funds to use.
Check out the full article here.
Finally, I'm following plenty of drug-related legislation in the General Assembly. Check out the bills I'm keeping an eye on; legislation marked with asterisks is unfavorable in the eyes of harm reductionists:
- Senate Bill 83, sponsored by Sen. Shelly Hettleman, D-Baltimore County. This bill would legalize overdose prevention centers (OPCs) in Maryland, allowing for up to six programs statewide. The bill is awaiting a vote in the Senate Finance Committee. Previous iterations of the bill have repeatedly died in committee over the years.
- House Bill 845, sponsored by Del. Joseline Pena-Melnyk, D-Prince George's, and numerous other delegates. This is the companion bill to SB83 and is awaiting a vote in the House Health and Government Operations Committee.
- Senate Bill 370, sponsored by Sen. Cory McCray, D-Baltimore City. This bill would decriminalize drug paraphernalia statewide. Both chambers passed a different iteration of this legislation in 2021 before it was vetoed by failed U.S. Senate candidate and former Gov. Larry Hogan. The new bill is awaiting a vote in the Senate Judicial Proceedings Committee.
- House Bill 556, sponsored by Del. Karen Simpson, D-Frederick, and a few other delegates. This is the companion bill to SB370, and it's awaiting a vote in the House Judiciary Committee.
- *Senate Bill 604, sponsored by Del. Jeff Waldstreicher, D-Montgomery, and Del. Justin Ready, R-Frederick. This bill would create a maximum prison sentence of 20 years for people who distribute fentanyl or heroin resulting in death, also known as "drug-induced homicide." Paired with legislation passed in 2017 that increased the maximum sentence for fentanyl dealers to 30 years, harm reductionists say the bill could lead to sentences as long as half a century. The bill is awaiting a vote in the Senate Judicial Proceedings Committee.
- *House Bill 1398, sponsored by Del. Chris Tomlinson, R-Frederick, and numerous other delegates. This is a companion bill to SB604, and it is awaiting a vote in the House Judiciary Committee.
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