Crackdown by social media companies on the flow of fentanyl and other drugs through their platforms has been inconsistent, exacerbated by insufficient legislation and other public policies to regulate social media, according to a new report from Attorney General Phil Weiser.

Getting access to drugs through social media has become almost as easy as ordering a pizza or hailing an Uber, according to the report.

Fentanyl, a synthetic opioid 50 times more potent than heroin, has become the leading cause of preventable death among people in the U.S. aged 18 to 45, according to the report. It estimates as many as 60% of counterfeit prescription pills contain a potentially deadly amount of fentanyl.

“As innovative online services and platforms weave their way into nearly every aspect of our lives, they also threaten to fuel a dangerous killer — the increasing ease of access to deadly substances, including fentanyl,” Weiser said in a statement.

A lack of tranparent access to data provided by social media platforms has made measuring the scope of the illegal drug trade online difficult, the report says, but points out research and anecdotal evidence suggest they are a major source of drug activity. 

And little regulation has allowed social media companies to decide for themselves what kinds of drug-related content to prohibit, what content moderation and enforcement tools to use, what kinds of data to publish about drug activity and how much they will cooperate with law enforcement investigations, the report shows.

"When platforms intentionally tout features like near-immediate deletion of communication exchanges and short retention periods of data held on the platforms’ servers, it puts law enforcement at an extreme disadvantage when investigating those using the platforms for illegal activities like selling drugs,” said Boulder County Sheriff's Office Cmdr. Nick Goldberger in a news release.

The access to drugs via social media is frustrating for parents like Kim Osterman, who lost her son to a fentanyl-involved overdose. According to the 137-page Broomfield police report, her 18-year-old son Max kept most of his drug transactions secret. But Snapchat messages indicate several deals with a person called “Sergio G” whose Snapchat account showed a bearded emoji avatar with dollar signs for eyes.

The dealer was never charged.

The report looks at tactics drug dealers use to evade content moderation mechanisms on social media, such as slang, posts without text and the seller's contact information in an image or comment, emojis as codes and QR codes that direct users to drug content.

The report, released Wednesday, came out of a directive to the Department of Law in the fentanyl bill passed by Colorado's legislature last year to study how distribution of fentanyl, compounds, counterfeit prescription drugs and other synthetic opiates flow through the internet and social media. The legislation also felonized knowingly possessing more than one gram of any substance containing fentanyl.

The report makes policy and legislative recommendations for cracking down on the illegal drug trade online:

  • A uniform set of best practices developed by social media companies for preventing and responding to illegal drug activity. The report found that while most social media platforms have policies banning their use to advertise, buy and sell drugs, enforcement has been uneven.
  • Colorado legislation mandating that social media companies clearly disclose policies on drug activities and cooperation with law enforcement, and report regularly with data on their enforcement activity. 
  • A memorandum of understanding between the Department of Law and social media companies with a commitment to implementing practices for addressing illegal drug activity on their platforms, with penalties for not following the terms.
  • More resources for law enforcement efforts to fight online drug trade. 
  • More resources for substance abuse treatment and harm reduction, especially for teenagers and young adults.
  • Increasing literacy on social media and the internet for parents and caregivers.
  • Giving a federal agency authority to oversee social media platforms.
  • Federal legislation mandating more data transparency by social media companies.

Denver Gazette reporter Carol McKinley contributed to this report.