HB 24-1037

House Bill 24-1037, which has been approved and signed into law in Colorado, aims to support individuals struggling with substance use disorders by making several changes. It removes the requirement for doctors to report injuries related to drug possession or paraphernalia, and it allows people to possess drug-related items like syringes if they are part of a harm reduction program. The bill also provides legal protections for those who distribute opioid antagonists (like Narcan) to help prevent overdoses and clarifies that having these medications alone doesn’t give police reason to search someone without a warrant. Additionally, it allows organizations running clean needle exchange programs to provide other health-related supplies and drug testing services. This law took effect on June 6, 2024, meaning its provisions are now in place and being implemented.

Official Summary

The act excludes injuries involving the possession of drugs or drug paraphernalia from a physician's mandatory reporting requirements. The act also adds an exemption to the prohibition on possessing drug paraphernalia for possession of drug paraphernalia that a person received from an approved syringe exchange program or a program carried out by a harm reduction organization while the person was participating in the program. With respect to opioid antagonists, the act: Clarifies that the civil and criminal immunity that protects a person who acts in good faith to furnish or administer an opioid antagonist also protects a person who distributes the opioid antagonist; Specifies that the mere presence of an opioid antagonist is insufficient to establish probable cause to perform a warrantless search or seizure; and Updates the term "opiate antagonist" to "opioid antagonist" in current law. The act specifies that money appropriated to the department of public health and environment to purchase non-laboratory synthetic opioid detection tests may also be used to purchase other drug testing equipment. The act authorizes an organization operating a clean syringe exchange program to: Purchase and distribute other supplies and tools intended to reduce health risks associated with the use of drugs, including smoking materials; and Provide drug testing services through the program. APPROVED by Governor June 6, 2024 EFFECTIVE June 6, 2024(Note: This summary applies to this bill as enacted.)

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