In a report issued on Monday, a commission created to combat drug addiction recommended that President Donald Trump declare the opioid crisis a national emergency. The Commission on Combating Drug Addiction and the Opioid Crisis, formed via an executive order Trump signed in March, is chaired by New Jersey Governor Chris Christie, and is co-chaired by a bipartisan group of governors and health professionals.

In its interim report–a final review is due in October–the commission said its “first and most urgent recommendation” is for Trump to deem the crisis a state of emergency. The report continued:

Your declaration would empower your cabinet to take bold steps and would force Congress to focus on funding and empowering the Executive Branch even further to deal with this loss of life. It would also awaken every American to this simple fact: if this scourge has not found you or your family yet, without bold action by everyone, it soon will.

More Americans die from drug overdoses than from car accidents or gun violence. According to the Centers for Disease Control, 142 Americans die each day from a drug overdose; 91 die from an opioid overdose. In 2015, opioids like Percocet, Oxycontin, heroin, and fentanyl were responsible for nearly two-thirds of all drug overdose deaths. The trend is on the rise: Since 1999, according to the CDC, the number of overdose deaths linked to opioids has quadrupled.

The commission–which includes Republican Governor Charlie Baker of Massachusetts and Democratic Governor Roy Cooper of North Carolina–recommended a number of other reforms. It asked Trump to waive the barriers that keep patients at addiction treatment facilities from qualifying for Medicaid services. The commission wrote: “This will immediately open treatment to thousands of Americans in existing facilities in all 50 states.”

Regardless of what the Trump Administration decides to do, states are beginning to tackle the opioid epidemic on their own. Earlier this year, the governors of Arizona, Florida, Virginia, and Maryland declared a state of emergency for the epidemic. But if the federal government declared the opioid crisis a state of emergency, would that make a tangible difference?

“It’s really about drawing attention to the issue and pushing for all hands on deck,” Michael Fraser, the executive director of the Association of State and Territorial Health Officials, told the New York Times. “It would allow a level of attention and coordination that the federal agencies might not otherwise have, but in terms of day-to-day lifesaving, I don’t think it would make much difference.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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The state of Ohio took a stand against its crippling opioid epidemic Wednesday, filing a lawsuit against five leading pharmaceutical companies that make addictive painkillers.

Ohio’s attorney general, Mike DeWine, accused the companies of “fueling” the opioid epidemic by intentionally misleading doctors and ignoring evidence regarding the addictive nature of the pain medications.

“We believe the evidence will also show that these companies got thousands and thousands of Ohioans–our friends, our family members, our co-workers, our kids–addicted to opioid pain medications, which has all too often led to use of the cheaper alternatives of heroin and synthetic opioids,” DeWine said in a statement. “These drug manufacturers led prescribers to believe that opioids were not addictive, that addiction was an easy thing to overcome, or that addiction could actually be treated by taking even more opioids.”

The defendants in the case include Purdue Pharma, Endo Health Solutions, Teva Pharmaceutical Industries, Johnson & Johnson, and Allergan. They are accused of Medicaid fraud and violating the Ohio Consumer Sales Practices Act, among other charges.

Dewine said that, in 2014 alone, the companies spent $168 million on advertising branded opioids to doctors.

The drugs the companies sold include OxyContin, MS Contin, Dilaudid, Butrans, Hyslingla, Targiniq, Percocet, Percodan, Opana, Zydone, Actiq, Fentora, Duragesic, Nucynta, Kadian, Norco, and other generic opioids, according to the press release.

According to the lawsuit, 793 million people were prescribed opioids in 2012–enough to supply every man, woman, and child in the state with 68 pills each. In 2016 that number had dropped to 2.3 million patients–still roughly 20 percent of the state’s population.

The lawsuit was filed in Ross County as Southern Ohio is likely the hardest hit area in the nation by the opioid epidemic.

In 2014 and 2015, Ohio had the greatest number of deaths in the nation from synthetic opioids, according to the lawsuit–with 1 in every 14 deaths from synthetic opioids in the United States occurring in the state. In 2015, a record 3,050 Ohioans died from unintentional drug overdoses–2,590 of those deaths came from opioids.

According to the Columbus Dispatch, earlier this month, two Democratic candidates for governor, Sen. Joe Schiavoni, (D-Boardman) and Dayton Mayor Nan Whaley, separately called for action against drug companies.

In 2015, Kentucky settled a similar lawsuit with Purdue Pharma for $24 million. And in April the Cherokee Nation tried something similar, filing its own lawsuit against six distribution and pharmacy companies, claiming that they unjustly profited through over-prescribing and selling opioids.

DeWine is seeking accountability from the pharmaceutical companies and unspecified damages on behalf of the state.

“It is just and it is right that the people who played a significant role in creating this mess should now pay to clean it up,” DeWine said.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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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.

The post Ohio Town Charges Opioid Overdose Survivors with “Inducing Panic” appeared first on Law Street.

Researchers have recently seen a sharp increase in babies–particularly babies born in rural areas–with Neonatal Abstinence Syndrome (NAS). This means that the babies are essentially born addicted to the drugs that their mothers used when pregnant. This phenomenon is just yet another depressing side effect of the sharp increase in the number of people addicted to opioids in the United States.

According to the study, which was published online earlier this week in JAMA Pediatrics, the increase of babies born with NAS in rural areas rose dramatically between 2004 and 2013. During that time period in rural areas, the incidences of NAS increased from 1.2 cases per 1,000 hospital births to 7.5 cases per 1,000 hospital births. It’s important to note that cases in cities rose as well, just not as sharply. In cities, there were 1.4 cases per 1,000 hospital births in 2004, and 4.8 cases per 1,000 hospital births in 2013. There was also some variability from state to state. Hawaii saw the lowest rate, at .7 cases per 1,000 births. West Virginia saw the highest, with 33.4 cases per 1,000 births. The researchers did acknowledge that the increase in cases could also come from the fact that there’s increased recognition of the symptoms, and better reporting metrics than there used to be.

But these numbers aren’t that surprising if you’ve paid attention to the nationwide opioid crisis. Rural areas have been particularly hard hit. Dr. Joshua Brown, a researcher at the University of Florida College of Pharmacy in Gainesville, told Business Insider:

Substance abuse is generally higher in rural communities, where an inability to afford or access care as well as the stigma associated with addiction may mean fewer mothers get the help they need to stop using heroin or abusing prescription painkillers during pregnancy.

President Barack Obama has recently taken some action to try to ameliorate the opioid crisis. The 21st Century Cures Act was recently passed by Congress and signed by Obama, and designates a significant amount of money specifically to fighting the opioid epidemic. This could be a boon for rural communities struggling with addiction, but as shown by recent evidence, there’s still a lot of work to be done.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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The 21st Century Cures Act easily passed through the Senate on Wednesday by a vote of 95-4. With the inclusion of grants for mental health care and research on cures for life-threatening diseases, the bill enjoyed bi-partisan support in both chambers. Some progressives, like Elizabeth Warren (D-MA) and Bernie Sanders (I-VT), opposed the bill, fearing it could lead to unsafe drugs hitting the market, and could fail to curtail drug costs.

But President Obama, looking to build upon his health care legacy, which includes passing the Affordable Care Act, said last weekend that the 21st Century Cures Act is an “opportunity to save lives, and an opportunity we just can’t miss.” Highlighting the billions of dollars the bill will pledge toward Alzheimer’s and cancer research, as well as funds to combat the opioid epidemic, Obama added: “It could help us find a cure for Alzheimer’s,” and “could end cancer as we know it and help those seeking treatment for opioid addiction.”

Supporters tout the bill as the first major mental health legislation in nearly a decade. Included in the $6.3 billion package is money to create suicide-prevention programs, and grants to increase the number of  mental health professionals, like psychologists and psychiatrists. The bill also designates $1 billion in state grants to combat the opioid epidemic. It also includes a stipulation that is meant to speed up the approval process of breakthrough medical technologies, which is worrisome to some lawmakers who opposed the bill.

“I cannot vote for this bill,” Warren said last week, citing its watered down safety requirements for new drugs. “I will fight it because I know the difference between compromise and extortion.” And on Tuesday, Sanders, a longtime critic of Big Pharma, said “if you want to lower the outrageous cost of prescription drugs, vote against this bill.” He added: “It is time to stand up against the pharmaceutical industry and stand up with the American people who are tired of being ripped of by this extremely greedy industry.”

Vice President Joe Biden was one of the staunchest supporters of the bill, which includes $1.8 billion for the Cancer Moonshot Initiative, parts of which were recently named for Biden’s son Beau, who died last year from a brain tumor.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

This Fake Doctor/Con Man Must Be Stopped…Stat

Nope, it’s not Martin Shkreli! Malachi Love-Johnson is back in the news. Love-Johnson gained national attention in February after he was charged with practicing medicine without a license.

This past weekend Malachi was arrested at a luxury car dealership for attempting to buy a Jaguar for $35,000 using his godmother’s credit. Thing is, Love-Johnson’s godmother did not know that the teenager was using her name to co-sign a Jaguar and had done so TWICE before in the same week.

Love-Johnson had also conned his way into buying two iPads and a cellphone using his godmother’s credit card. Man, this poor, oblivious woman.

Fla. teen ‘Dr. Love’ arrested at Va. car dealership; ‘He fooled me at first,’ employee says https://t.co/jpy9wlZPy8 pic.twitter.com/GRQESodWm7

— WTVR CBS 6 Richmond (@CBS6) September 11, 2016

Love-Robinson is being held on charges of Identity Fraud, False Statements to Obtain Credit, and Obtaining Money by False Pretenses.

Rant Crush

RantCrush collects the top trending topics in the law and policy world each day just for you.

The post RantCrush Top 5: September 13, 2016 appeared first on Law Street.