An enormous surge in heroin and prescription-drug overdose deaths in Virginia has prompted the Centers for Disease Control to call it an epidemic. It’s also why state lawmakers of both parties have joined together to advance a multi-faceted package of bills to tackle the challenge. They believe it’s both a law enforcement AND a public health problem.
Virginia’s Chief Medical Examiner reports that every region of the state has seen a spike in heroin overdose fatalities. Attorney General Mark Herring says the data confirm that.
“Since 2011, heroin deaths have doubled. More than 400 Virginians have lost their lives every single year to prescription drug overdoses—mostly opioids. Now the two are problems in and of themselves. They’re also linked because prescription drug abuse often leads to a path of addiction and to the cheap and potent heroin that we’re seeing on the streets today.”
The bills do not merely address heroin and prescription drug abuse from a criminal justice perspective but aim to save lives. That’s a goal shared by Don Flattery of Alexandria, whose son—a college graduate—died of an overdose.
“I tell you my son’s brief story to illustrate that the scourge of this opioid and heroin epidemic we’re experiencing has no stereotypical victim. It doesn’t discriminate. And that’s what epidemics do.”
One “Good Samaritan” bill aims to counter the fear of seeking help when there’s an overdose. Delegate Betsey Carr says under the bill, a person who reports an overdose would not be penalized for minor possession or intoxication crimes.
“HB 1500, when passed, will encourage individuals or their loved ones who are experiencing an overdose to seek timely medical attention. What we want to do is increase calls to 911 and decrease deaths from drug and heroin overdoses.”
If reported in time, opiate overdoses can be treated with an antidote. Herring says every second counts—and the second bill would allow all law enforcement agencies to carry the medication.
“The Centers for Disease Control says that between 1996 and 2010, more than 10,000 lives were saved using Naloxone.”
The third measure gives prosecutors a tool to hold drug dealers accountable for fatalities. Chesapeake Police Chief Kelvin Wright says these deaths cause indescribable suffering to victims’ families.
“They often look to us to provide them a measure of justice. In some of these cases, through the investigate process we can identify the person or persons who have provided the victim with the substance which has caused his death.”
The fourth bill would let probation officers access the state’s Prescription Monitoring Program. Wright says that would help deter probationers from getting unauthorized drugs.
“A well-informed probation officer could potentially intervene and interrupt the opiate abuse of their clients.”
But that’s a bill that the Virginia ACLU’s Frank Knaack does not support.
“We have serious concerns with the Prescription Monitoring Program in general, and so by adding an additional group of people who have access to this very private information, it’s something that’s of serious concern.”
He’s also concerned about expanding the homicide law.
“This is basically doubling down on a failed policy. Since 1971, when we launched the war on drugs, we’ve been trying to lock people up and throw away the key—and thinking that that’s going to incarcerate our way out of this situation. And that hasn’t worked.”
Knaack says that money would be better spent on evidence-based practices such as treatment programs.
