HB23-1164: Opioid Harm Reduction

• Eliminates the "reasonable mistake of fact" defense for possession of 1-4 grams of fentanyl or similar substances, and removes the "knowing" requirement for possession of less than 1 gram, making these offenses level 1 drug misdemeanors (or level 4 felonies for fourth+ offenses).

• Creates an opioid antagonist fund in the Department of Education to bulk purchase and distribute naloxone (Narcan) to eligible public and nonpublic schools, with $2 million appropriated from the general fund for the 2023-24 fiscal year.

• Extends civil and criminal immunity to the Department of Education and its agents for furnishing opioid antagonists to schools in good faith.

• Requires all agencies employing peace officers to submit annual reports to the Department of Public Health and Environment detailing incidents where officers administered opioid antagonists, with consolidated reports submitted to specified legislative committees.

• Takes effect July 1, 2023.