We Can do Better Fighting the Opioid Crisis

Column from Assembly Minority Leader Will Barclay

New York has made strides in combating the ongoing opioid crisis, but much work remains as we still have far too many deaths in the state. For many of us, this epidemic is personal. It could be an acquaintance, friend or family member—the opioid crisis doesn’t discriminate. Sadly, more than two million Americans abuse opioids and more than 90 Americans die by opioid overdose every day.According to a recent report from the Centers for Disease Control and Prevention, New York has seen a decrease in overdose deaths for the first time in years, but we lag behind neighboring states in how quickly we are mitigating them.

The good news is that, overall, New York and the rest of the nation have been able to decrease the number of opioid deaths for the first time since 2018. However, while places like New Jersey, Connecticut and Massachusetts have been able to decrease their death rates by at least 7.5% in 2023, New York state has only reduced its rate by 3.5%. New York City lags even further with a decline of less than 1%.

The Assembly Minority Conference has been working hard to combat the opioid crisis. Our members have been actively engaged in their communities seeking solutions. Assemblyman Brian Maher (R,C-Walden) recently organized a “Finding Hope” roundtable discussion with peer recovery specialists, treatment specialists, prevention specialists and individuals in recovery aimed at identifying legislative solutions. Below are some examples of measures offered by the Assembly Minority Conference:

  • Opioid overdose study (A.7746) – directs the commissioner of the Department of Health to conduct a study to identify, analyze, report and medically combat new or previously unseen opioid compounds found in overdose patients;
  • Long-term rehabilitation alternative (A.4146) – creates a long-term rehabilitation alternative for certain opioid offenders in lieu of prison;
  • Allow judges more discretion to hold drug dealers (A.5992) – gives judges more discretion when issuing securing orders for a defendant after taking into account their flight risk, the seriousness of the crime and whether they are a danger to the community. Authorizes the revocation of recognizance or bail for felony drug offenders who refuse to participate in court-ordered drug treatment or for failing to appear before court;
  • Create the “Death by Dealer” statute (A.7985) – establishes the crime of criminal sale of a controlled substance resulting in death, a class A-1 felony; and
  • Classify xylazine as Schedule I controlled substance (A.8130) – classifies xylazine as a Schedule I controlled substance and creates penalties for the criminal sale and possession of xylazine or preparations, compounds, mixtures or substances containing the drug.

In coordination with one another, these bills would provide a powerful avenue to combat the opioid epidemic and bring New York in line with other states making better progress. Majority strategies like safe injection sites have not moved the bar enough, and they come with inherent risks that could exacerbate the problem. We can, and must, do better.

Any progress is worth noting, but to truly protect our communities we must implement effective policies that address the root causes of substance use and abuse and approach this devastating issue in a compassionate and effective manner. I look forward to working with my colleagues in the Legislature to continue to curb this deadly epidemic and give our communities the tools they need to address the mental health and substance abuse crisis plaguing New York.