Tag Archives: law

Prosecutors turn eye on dealers for pill OD deaths

gavelAs more painkiller addicts are turning to heroin due to the crackdown on prescription drugs, a growing number of law enforcement agencies are turning to rarely used drug laws to prosecute drug dealers for their role in causing overdose deaths, according to this article in the Associated Press.

Prosecutors in New Jersey, for example, are using the state’s “strict liability for drug death” statute, a first-degree crime that holds dealers and producers responsible for a user’s death and has a 20-year maximum sentence, the article says. They are also changing the way they investigate overdoses, which were once looked upon as accidents, immediately sending detectives to the scene of an overdose, and instructing paramedics to treat overdoses like crimes. In addition, coroners are being asked to order autopsies and preserve forensic evidence because proving that a death was caused solely by heroin can be difficult when other substances are present in a person’s system, the article says.

The number of people nationwide who have used heroin in the past year rose by 66% between 2007 and 2011, while the number of people who died of overdoses and had heroin present in their system jumped 55% from 2000 to 2010, the article notes, citing federal data.

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Del. becomes 14th state to pass ‘Good Samaritan’ law

911 dial phone callThe governor of Delaware signed so-called “Good Samaritan” legislation on Tuesday offering protection to anyone seeking medical help in the event of a drug or alcohol overdose, making Delaware the 14th state to pass such a measure. The law gives immunity from prosecution to people reporting an overdose, even if he or she has been involved in drug-related activity.

The bill also grants immunity from prosecution for offenses related to underage drinking.

Lawmakers approved the bill only after exempting higher level drug felonies from its immunity protections, a change that worried some critics who claimed the exemptions weakened the bill and would discourage people from reporting overdoses.

In Delaware, overdose deaths nearly tripled from 50 in 1999 to 137 in 2009, with a majority in recent years involving at least one prescription drug, according to this article.

New Mexico was the first state to pass a Good Samaritan law in 2007, followed by California, Colorado, Connecticut, Florida, Illinois, Massachusetts, New York, Rhode Island, Washington, and the District of Columbia. According to TheFix.com, this year, nearly a dozen more states introduced bills: legislation in North Carolina and New Jersey succeeded, while other bills failed due to partisan bickering (Missouri, Mississippi and North Dakota), were killed in committee (New Hampshire and West Virginia), or ran out of time (Hawaii and Texas); Maine still has a live bill, but it isn’t likely to pass this year.

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