What is Harm Reduction?
Harm Reduction is defined by the National Harm Reduction Coalition as “a set of practical strategies and ideas aimed at reducing negative consequences associated with drug use.”1 Harm reduction keeps people safe. It doesn’t judge people for sex work or drug use — it just tries to lower the risks. It puts safety, rights, and dignity first. The idea is simple: meet people where they are.
Where Are We Now?
Criminalization is a huge barrier to harm reduction. Fear of police is the #1 reason people don’t call 911 during an overdose, even when it could save a life,6 and fear of arrest keeps people from asking for help or being honest with doctors.
Criminalizing drug use and sex work adds another layer of risk, making it harder for people to access harm reduction tools and services that keep them safe.7 These policies undermine harm reduction efforts by punishing people for drug use or sex work:
- “Condoms as evidence” laws let police in some cities treat carrying condoms as proof of sex work — so people carry less protection, not more.8
- Syringe laws punish carrying unused needles, hitting transgender people who use needles for hormones especially hard.9
- Visa rules still make people disclose sex work or drug use history just to travel.10 Under U.S. immigration policy, applicants who have engaged in sex work within ten years of applying for entry or used drugs may be deemed inadmissible and denied a visa.11
- The passage of federal laws SESTA/FOSTA knocked sex workers off the websites they used to screen clients safely, pushing more work onto the streets and raising the risk of violence.12
What Can Be Done?
- End the War on Drugs13 and ditch drug-induced homicide laws and mandatory minimums, which have fueled mass incarceration of Black and Latine communities through harsher drug sentences.
- Repeal SESTA/FOSTA — stop pushing sex work further underground.
- Expand Medicaid coverage for harm reduction — free up syringe programs, addiction medication, fentanyl test strips, and naloxone should be covered, not out of reach due to a lack of funds.
- Repeal or modernize state HIV criminalization laws and drop sentence enhancements for sex workers or drug users living with HIV.
- Fund syringe access and supervised consumption programs — and stop capping or criminalizing syringe possession.
- Decriminalize sex work and end “condoms as evidence” policies.
Resources
- Drug Policy Alliance
- Electronic Frontier Foundation; Electronic Privacy Information Center
- National Immigration Law Center
- National Health Law Program; Center for Advancing Innovative Policy
- Center for HIV Law and Policy
- Pregnancy Justice
- Center for Reproductive Rights
- Transgender Law Center
- Mandatory Reporting is Not Neutral
- Movement for Family Power
- Beyond Do No Harm Network (Interrupting Criminalization)
Special Thanks To Our Contributors!
- Bee (Brandi) Velasquez
- LaDawn Tate
- Melanie A. Reese
- Kneeshe Parkinson
- Valerie Pinkston
- Brooke Davidoff
- Alyssa Crawford
And a huge shout out to our past intern Treasure Welle for writing our updated factsheets!