Travis County prosecutors are pursuing fewer drug trafficking cases in the past two years in spite of a record high number of overdose deaths.
Under the new district attorney, José P. Garza, felony convictions for drug trafficking or manufacturing dropped 58% compared to 2020, the last year in office of the former district attorney, Margaret Moore.
That’s according to court data through September, in comparison to the same nine-month period last year. Compared to the pre-pandemic level, the drop-off was even sharper. Trafficking convictions this year were down 80% compared to 2019 and 86% compared to 2018.
In the meantime, overdose deaths spiked 29% nationally, according to data released by the CDC last week covering the period of April 2020 to April 2021. Travis County has tracked with that trend, with 246 overdose deaths in 2020, an increase of 30% over 2019.
Garza views the overdose deaths as a public health problem, not a matter to be dealt with principally in the criminal justice system. “We cannot arrest, jail, or prosecute our way out of the problem,” he said Friday.
“Instead, we must increase public awareness of this serious issue, provide life-saving drugs and training to vulnerable communities, and ensure that appropriate resources and polices are available to support a community-based response.”
In line with Garza’s view that drug users should be helped with services, not prosecuted, prosecutors are pursuing fewer drug possession charges. Data from the courts show that 579 felony drug possession cases were filed in the first nine months of 2021, with 106 convictions, compared to 1,427 cases in the same period in 2020, with 417 convictions.
During his campaign last year, Garza pledged to reduce prosecutions of “low-level” drug offenses, but he largely skirted the issue of whether he’d prosecute trafficking offenses. However, in an interview with Honest Austin on election day last year, Garza confirmed that he would also end the prosecution of certain trafficking charges: “When we win, the possession or sale of a gram or less — we are going to use our resources on more serious offenses.”
Garza on Friday blamed the recent increase in overdose deaths on economic and social distress. “The COVID-19 pandemic has increased stress and trauma that has exacerbated the incident of substance use in our communities… this growing public health crisis has touched all corners of our community and deserves a serious, unified, public health-based response.”
Data on overdose deaths in 2021 aren’t yet publicly available. But earlier this year the Travis County Medical Examiner’s Office reported a 25% increase in fentanyl-related deaths in 2021.
The situation could get worse. “(The data) is telling us that 2021 looks like it will be worse than 2020,” said Robert Anderson, chief of the mortality statistics at the CDC, in an interview last week with the Wall Street Journal.
Fentanyl overdoses account for three-quarters of the total drug overdose deaths, according to the CDC. Fentanyl is a potent and addictive synthetic opioid. It can be injected, snorted, smoked, or ingested. The drug is sometimes found laced into other narcotics, such as meth, heroin, and fake prescription drugs. This has contributed to the spike in overdose deaths, because users don’t always know that they’re taking fentanyl when they’re using those other substances.
Garza’s Plan
The district attorney last week released a three-point plan for addressing the increase in overdose deaths. Rather than upping enforcement of drug laws, he called for greater awareness, training responders how to use life-saving medications, and policy changes.
The plan states, “Overdose related deaths in our community are preventable through proven public health approaches. The increased availability of lifesaving medications like naloxone and trainings on overdose-avoidance strategies can save lives in our county. Finally, the data is clear that criminalization and incarceration only serves to increase the risk of overdose among people struggling with substance use disorder.”
“Changes in the law may be necessary to ensure public officials and public health providers can make tools available, like fentanyl test strips, that can prevent the accidental ingestion of fentanyl.”
Garza’s plan was endorsed by several Central Texas organizations, including Communities for Recovery, Austin Justice Coalition, and the Austin EMS Association, as well as County Judge Andy Brown, County Attorney Delia Garza, and two Democratic state representatives.
