The Push for Drug Possession Immunity When Seeking Medical Help

April 16, 2013

The Push for Drug Possession Immunity When Seeking Medical Help

Article provided by Sitzler & Sitzler
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Over the past five years, eight states have passed laws that give individuals limited immunity on drug possession charges if the person seeks medical help for a drug overdose for herself or another person. Such a law was recently proposed in New Jersey but has not been signed into law. The passage of limited drug possession immunity in other states has grown as drug overdoses have skyrocketed over the last decade. Supporters of limited immunity say it is a common sense solution that reflects the use of police discretion in many cases, but critics argue limited immunity may safeguard more serious criminal activity.

Rising Number of Overdoses Creates Impetus for New Policy

According to the Centers for Disease Control and Prevention, overdose deaths caused by strong prescription painkillers have more than tripled over the decade. In New Jersey about 800 people die every year from drug overdoses. Moreover, drug overdoses are now the leading cause of accidental deaths in the state. Some believe the growth of accidental drug overdoses in New Jersey and elsewhere is partly the result of the legal environment. Advocates for limited immunity argue the passage of immunity laws would help foster an environment where more people feel comfortable reaching out for help after an overdose occurs.

Limited Immunity Laws

Limited immunity laws in states where they have passed generally protect individuals in possession of a small amount of drugs and seek medical attention for an overdose from prosecution. Advocates argue the greatest fear among people who overdose or are with someone who overdoses is getting arrested on drug charges. Without that fear, proponents say emergency calls would more likely be placed and placed more quickly thereby helping to prevent overdose deaths. However, limited immunity laws face opposition from police and prosecutors.

Opponents of immunity contend the law supports drug use, subverts the incentives of drug penalties and may prevent police from investigating illegal drug use and drug use among minors. Advocates dispute the assertion that immunity would encourage illegal drug behavior or protect major drug offenders. Proponents of limited immunity assert the laws are not created to frustrate the prosecution of all drug crimes and that the laws are written in a way that would not prevent police from investigating a more serious offense than the possession of a small amount of drugs. However, New Jersey's proposed limited immunity law met resistance from the state attorney general who argued the protection was overly broad. In addition, opponents in other jurisdictions, such as the District of Columbia argue hospitals already do not report patients who overdose to the police and that individuals who report an overdose do not face prosecution.

Effect of Limited Immunity Laws

Since limited immunity laws are fairly new, there is not much data to measure their effectiveness. Nevertheless, at least one study from the University of Washington found that 88 percent of opiate users were more likely to call emergency services after the passage of an immunity law in that state. The study also found that the majority of police would not have made an arrest in such a situation anyway. However, the push for the law is predicated on the notion that an individual suffering an overdose should not have to rely on the discretion of police. So far, New Jersey's limited immunity bill has not been signed into law and one sponsor of the proposed law has already promised to try again if the bill fails to become law.

If you face drug charges in New Jersey, contact an experienced criminal defense attorney to protect your rights.