The Department of Health and Human Services has declared widespread opioid abuse to be a serious public health issue. Officials across the country are searching for ways to combat the epidemic and are increasingly calling for “public health responses, not a war on drugs.” However, reports indicate the Ohio city of Washington Court House has begun charging people who survive opiate overdoses with “inducing panic.” Although city officials claim the new practice is not meant to worsen the conditions of those struggling with opioid addiction, the policy directly opposes the prevailing logic regarding addiction and rehabilitation.

In the past month, police used Naloxone, a drug that reverses the effects of opioids, to revive seven people before charging them with a misdemeanor. In an interview with the city’s local ABC affiliate, Washington Court House officials argued charging overdose survivors “gives [the city] the ability to keep an eye on them, to offer them assistance and to know who has overdosed.” The court summons is meant to ensure the city is able to “follow up” with overdose survivors and show them the city cares and wants to help them, not jail them, the officials said.

Nonetheless, those charged with “inducing panic” could face up to 180 days in prison or a $1,000 fine. Regardless of whether or not Washington Court House attorneys plan on convicting the addicts who have been charged, the move is misguided. The criminal justice system is not equipped to assist drug addicts, and attempting to address addiction by using the system only perpetuates the criminalization of drug addiction and addicts.

The U.S. has a long history of criminalizing drug addicts rather than providing them the medical assistance they require. According to the Federal Bureau of Prisons, those found guilty of drug related offenses constitute 46.4 percent of the prison population. In a 2010 report, the National Center on Addiction and Substance Abuse estimated 65 percent of the prison population “meet medical criteria for substance abuse or addiction” but only 11 percent receive any kind of treatment for their addiction. Furthermore, the availability of drugs within prison walls is well documented, and relapses are common.

There is an expert consensus that addiction is a medical condition and ought to be treated as such. While officials throughout the nation are recognizing the need for cogent and compassionate public health responses, Washington Court House continues the detrimental criminalization of drug addiction.

Callum Cleary

Callum is an editorial intern at Law Street. He is from Portland OR by way of the United Kingdom. He is a senior at American University double majoring in International Studies and Philosophy with a focus on social justice in Latin America. Contact Callum at Staff@LawStreetMedia.com.

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The influx of heroin is typically seen as a local or regional problem, but the issue may finally be taking its rightful place on the national stage in the upcoming presidential election. Both Jeb Bush and Hillary Clinton have faced questions about the growing heroin problem, and Clinton recently vowed to make it a campaign issue. Now, there are a growing number of policies developing across the country to attempt to address the problem.

The number of heroin-related deaths has grown rapidly in recent years. According to the Center for Disease Control, the rate of drug poisoning deaths involving heroin nearly quadrupled from 2000 to 2013, with most of that growth occurring after 2010.  Of the 4.2 million Americans who have tried heroin, approximately 23 percent will become addicted. In 2013, the number of deaths related to drug overdose was 43,982, exceeding traffic fatalities. That year, heroin accounted for approximately 19 percent of all drug overdose deaths, taking the lives of 8,257 people. This chart shows the rapid growth in heroin deaths that has occurred in recent years.

Because of the recent increase in supply and decline in cost, heroin is becoming one of the most popular drugs on the market. In 2007, there were approximately 373,000 heroin users in the United States, but by 2012 that number had  grown to 669,000, an 80 percent increase.

Heroin is also becoming easier to use. Production improvements have increased the purity of heroin sold on the street, which allows it to be snorted and smoked as well as injected.  In the past, injection was the most common method because at lower purity levels that was the only way to receive an instant high.

The drug has become especially popular among white middle class males. In a study done by the National Center for Health Statistics, white males between the ages of 18-44 have become the largest demographic affected by  heroin, with an overdose rate of 7 per 100,000. The overdose rate for men is also four times higher than it is for women.

“Accidental Overdose” is a serious problem for heroin users, but the overdose process is more complicated than it may seem. Users build up a tolerance to the pleasurable effects of the drug faster than they do the physical effects. As a result, users need to take more of the drug to reach the same high, but in the process their respiratory systems can’t catch up and their breathing slows. Many people who die from an overdose simply stop breathing. Naloxone, a drug carried by many first responders, can speed up breathing and can help save someone who has overdosed, but that requires another person to be present to administer Naloxone or call for help.

Jack Stein, the director of the Office of Science Policy and Communications at the National Institute on Drug Abuse told National Geographic, “Literally every time someone injects heroin they are taking a risk of an overdose.” This is because addicts have no way of knowing what they are actually buying off the street. It could be pure heroin, or heroin cut with other powerful substances.

Last summer the White House held a summit on the Opioid Epidemic focusing on finding ways to encourage states to pass Good Samaritan Laws and increase the availability of Naloxone to first responders. As of July 2, 30 states and the District of Columbia have passed Good Samaritan Laws, which allow bystanders to respond in an overdose situation without fear of repercussions. Additionally,  42 states and D.C. have amended their laws making it easier for medical professionals to access Naloxone. Because of these changes, 188 community-based overdose prevention programs now distribute Naloxone.

While progress is being made toward reducing the large number of overdoses from heroin and other opioids, government agencies must do more to crack down on the sale and trafficking of these drugs, and the 2016 candidates need to continue to advocate for change. Legislation is finally starting to catch up with the epidemic, but several states still lag behind. Naloxone is cheap and has a shelf life of 2-3 years, but it can only be lifesaving if it is readily accessible. While efforts to save people from overdosing are important, lawmakers must also work to restrict the spread of heroin, which has already taken root in many places across the country.

Jennie Burger

Jennie Burger is a member of the University of Oklahoma Class of 2016 and a Law Street Media Fellow for the Summer of 2015. Contact Jennie at staff@LawStreetMedia.com.

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