FOR IMMEDIATE RELEASE

Contact: David Mickenberg 

Advocates Call for a Public Health Approach to Substance Use and Overdose
Instead of Increased Stigma and Barriers Caused by Arrests

Montpelier – March 10, 2023 – Today, the Decriminalize Vermont coalition announced the introduction of a Senate companion bill to H. 423, legislation to eliminate penalties for personal-use possession of drugs and promote drug checking services seeking to prevent overdoses in the state. 

 The Senate bill, introduced by Sen. Tanya Vyhovsky (P/D-Chittenden Central) and co-sponsored by one-third of the Vermont Senate, reflects growing support for a public health approach to substance use in Vermont.

 "I sense real momentum for this policy. As a social worker I know that criminalization is doing immense harm and that we need to focus on public health solutions to this crisis. When passed, this bill will save lives; save money; and increase public safety for all Vermonters, including those struggling with substance use disorder. Criminalization of personal use amounts of drugs increases stigma, increases barriers to treatment and other services, and marginalizes the Vermonters that need help the most. It's time for us to stop causing harm by criminalizing a public health issue,” said Sen. Tanya Vyhovsky, sponsor of the Senate bill.

 The House bill, introduced by Reps. Logan Nicoll (D-Rutland-Windsor) and Taylor Small (P/D-Chittenden-21) and co-sponsored by 45 of their colleagues, a bi-partisan array of representatives from all over the state, would eliminate criminal penalties for possessing a drug in an amount consistent with personal use, promote establishment of drug checking programs where individuals could bring a substance they possess to be tested to identify any unexpected substances or adulterants, require a state report on the costs of criminalizing drug use, and create an advisory board of experts to determine evidence-based levels of possession (benchmarks) for each commonly used drug that would no longer be subject to criminal penalties.

The Vermont-based group posted a tweet stating that the bill would “take significant steps toward building a better system of care for Vermonters who may need services to address substance use disorder, and better protect our neighbors from accidental overdose.” 

 “Our state continues to struggle with a serious overdose crisis but continues decades-old strategies of arrests and punishment that have high costs to taxpayers and are actually causing more harm. That approach simply is not advancing our goals to promote public health and racial justice in Vermont,” said Rep. Logan Nicoll, sponsor of the House bill.

 “We need to take away the threats of punishment that increase the risks of drug use. Fear of arrest leads people to use alone, frequently with unsafe supplies and no access to help in the case of an overdose. We need better systems of support and less public shaming,” said Theresa Vezina, Executive Director for Vermont CARES, one of the largest providers of life-saving harm reduction services, education and resources to Vermonters affected by HIV, Hepatitis C and substance use in the state.

 “All around the U.S. people are realizing that putting people in handcuffs, stigmatizing them, and saddling them with criminal records is not an effective way to prevent overdose or help promote stability. In fact, it just makes it worse and creates so many more barriers for people being able to get the support they need.” said Grey Gardner, Senior Staff Attorney for the Drug Policy Alliance, the leading organization in the U.S. working to end the war on drugs, which has supported the Vermont coalition’s efforts.  

Recent polling data collected from May 26 and June 8, 2022 found that more than four out of five (84%) Vermont voters, including a majority of voters across all major demographic groups and party affiliations, support removing criminal penalties for possession of small amounts of drugs. The poll also found that 81% of voters support reframing the state’s approach to drug use as a health issue with a focus on reducing the harms of addiction and offering health and recovery services.

 With Vermont having one of the highest overdose rates in the country, the coalition has called for urgent action to remove barriers (especially criminal penalties) that prevent people from seeking services when needed and establish robust harm reduction programs including drug checking services. 

Although a similar bill received strong support during the 2021-2022 legislative session, a portion of the bill that would have established an expert advisory board to study common drug use patterns with an eye toward reducing criminalization was vetoed by the Governor, a decision criticized by many advocates for reform. 

“The past response to the overdose crisis has been insufficient. The human toll and cruelty of the failed war on drugs becomes more apparent every year, and it’s time that legislators and the Administration take bold action on more robust and effective solutions that are available,” said Falko Schilling, advocacy director for the ACLU of Vermont.

 “Our current drug laws remain deeply harmful. We’re seeing increased support from people of all backgrounds for a new approach that prioritizes public health and social justice,” said Tom Dalton, Executive Director of Vermonters for Criminal Justice Reform. “We’ve been taking steps on these reforms over the years, but it’s time for our state to really lead in more significantly reforming laws that we know have failed.” 

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About Decriminalize Vermont: 

 Decriminalize Vermont is a coalition of organizations and individual Vermonters committed to ending the harms of Vermont’s drug laws and promoting policies focused on health, equity and human rights. Members include the American Civil Liberties Union of Vermont (ACLU-VT), Better Life Partners, The Drug Policy Alliance, End Homelessness Vermont, Ishtar Collective, Law Enforcement Action Partnership (LEAP), National Harm Reduction Coalition, Next Generation Justice, Pride Center of Vermont, Recovery Vermont, Rights and Democracy (RAD), Vermont Cares, Vermont Legal Aid, Vermont Network Against Domestic and Sexual Violence, Vermonters for Criminal Justice Reform, Vermont Interfaith Action, and Women's Justice and Freedom Initiative.  Learn more at decrimvermont.org.