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Harm Reduction: Washington Senate Passes Good Samaritan Bill, Would Protect Against Prosecution in Overdose Cases

The Washington state Senate Friday passed SB 5516, the 911 Good Samaritan Act, on a vote of 47-1. One member was absent. The bill now goes to the House.

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Washington State House, Olympia
The measure provides immunity from prosecution for drug possession offenses for overdose victims and people who seek medical assistance for overdose victims. It does not grant immunity from prosecution for drug distribution offenses.

It also allows expanded access to Naloxone, a powerful opiate antagonist that can bring people back from the brink of death from overdoses in a matter of moments.

The bill comes as the number of drug overdose deaths in Washington state have increased from around 403 in 1999 to 707, or nearly two a day, in 2006. Drug overdose is now the second leading cause of accidental death in the state, second only to traffic accidents.

The bill was opposed by the Washington Association of Prosecuting Attorneys, who argued that because there was no budget for publicizing the bill, it would not affect drug-taking behaviors, and thus would be no more than another complicating factor in drug prosecutions.

Drug overdose fatalities now outrank traffic accidents as the leading cause of accidental deaths in more than a dozen states. But only one state, New Mexico, has approved a Good Samaritan law. Perhaps Washington will be next.

Harm Reduction: Washington Senate Passes Good Samaritan Bill; Would Protect Against Prosecution in Overdose Cases

The Washington state Senate Friday passed SB 5516, the 911 Good Samaritan Act, on a vote of 47-1. One member was absent. The bill now goes to the House. The measure provides immunity from prosecution for drug possession offenses for overdose victims and people who seek medical assistance for overdose victims. It does not grant immunity from prosecution for drug distribution offenses. It also allows expanded access to naloxone, a powerful opiate antagonist that can bring people back from the brink of death from overdoses in a matter of moments. The bill comes as the number of drug overdose deaths in Washington state have increased from around 403 in 1999 to 707, or nearly two a day, in 2006. Drug overdose is now the second leading cause of accidental death in the state, second only to traffic accidents. The bill was opposed by the Washington Association of Prosecuting Attorneys, who argued that because there was no budget for publicizing the bill, it would not affect drug-taking behaviors, and thus would be no more than another complicating factor in drug prosecutions. Drug overdose fatalities now outrank traffic accidents as the leading cause of accidental deaths in more than a dozen states. But only one state, New Mexico, has approved a Good Samaritan law. Now, perhaps Washington will be next.
Location: 
Olympia, WA
United States

Feature: New York Post's Attack on "Heroin How-to" Harm Reduction Pamphlet Fails to Get It Dropped

Harm reduction in New York City came under attack last weekend when the tabloid New York Post ran an article titled Heroin for Dummies, excoriating the city for spending $32,000 for a 2007 harm reduction pamphlet that, among other things, gave injection drug users advice on how to reduce the harm of injecting. Since then, the story has been picked up by the New York Times and national media, including CNN and Fox News.

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uncomfortable, but the right thing to do
But while the assault on evidence-based harm reduction practices is worrisome, it also sparked a vigorous defense of the pamphlet from Mayor Michael Bloomberg and city health officials and has provided an opportunity to broaden public awareness of harm reduction. By Thursday, despite demands that they be pulled, Health Commissioner Thomas Farley had decided that the pamphlets will continue to be distributed.

The pamphlet, Take Charge, Take Care, was distributed by the city's Department of Health and Mental Hygiene and was aimed at injection drug users in the city. The harm reduction purpose behind it was to save lives and prevent overdoses and the spread of blood-borne disease. It counsels things like quitting, not sharing needles, and seeking treatment.

But also included in its advice were things like "Find the vein before you try to inject," "If you don't register [hit the vein], pull out and try again," and "Warm your body (jump up and down) to show your veins." Such common-sense harm reduction advice was like waving a red flag for Post and the drug warriors it interviewed.

"It's basically step-by- step instruction on how to inject a poison," said John Gilbride, head of the DEA's New York office. "It concerns me that the city would produce a how-to on using drugs," Gilbride said. "Heroin is extremely potent. You may only get the chance to use it once. To suggest there is a method of using that alleviates the dangers, that's very disturbing."

"It's sick," said City Council member Peter Vallone Jr. (D-Queens), chair of the council's public safety committee, who vowed to try to shut down distribution of the pamphlet. "This is a tremendous misuse of city funds, and I'm going to see what I can do to stop it. It sends a message to our youth: give it a try," he fumed.

"What we do not want to do is suggest that there's anything safe about shooting up narcotics," said Bridget Brennan, the city's special narcotics prosecutor. "No matter how many times you wash your hands or how clean the needle is, it's still poison that you're putting in your veins."

Only at the very end of the Post article was any supporter of harm reduction or the pamphlet given a say. "Our goal is to promote health and save lives with this information," explained Daliah Heller, assistant commissioner for the Bureau of Alcohol and Drug Use Prevention, Care and Treatment. "From a health perspective, there is a less harmful way to inject yourself."

The New York Times article the following day was less one-sided than the Post's hit piece, but still gave Vallone and other critics top billing. "You're spending taxpayer money and getting a how-to guide for first-time users," Vallone claimed.

The pamphlet was "absolutely not" a how-to manual, Dr. Adam Karpati, executive deputy commissioner for the health department's division of mental hygiene, told the Times. "Our primary message, as it is in all our initiatives, is to help people stop using drugs and to provide them with information on how to quit," Karpati said, adding that health officials recognized that quitting was not a realistic expectation for all drug users.

While Karpati was playing defense, harm reduction supporters went on the offensive. "The Health Department's booklet is solidly grounded in science and public health," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "But the same cannot be said of the irresponsible comments by John Gilbride, Bridget Brennan, and Peter Vallone, Jr. These sorts of reckless statements by top level city and federal law enforcement agents need to be repudiated by their superiors in city and federal government."

On Monday, Mayor Bloomberg defended the pamphlet. "I would certainly not recommend to anyone that they use hard drugs or soft drugs," Bloomberg said. "But our health department does have an interest in if you're going to do certain things to get you to do it as healthily as you possibly can."

Now that the flap is behind them, two leading harm reductionists are assessing what it all means. "There was a political agenda at work with this," said Allan Clear, head of the Harm Reduction Coalition. "The District Attorney's Office fed this to the Post. This is a deliberate attack, and it follows on the footsteps of Rockefeller drug law reform, where DAs had some of their power stripped away. This was a red rag for foes to wave to provoke people, when the amount spent on the brochure is relatively small."

"This was not a book for people who have never injected," said Robert Heimer, professor at the Yale School of Public Health. "We know that people use opiates for around three years before they start injecting, and they don't do it because of a pamphlet, but because they are following their friends' example. This pamphlet was distributed at needle exchanges, STD clinics, drug treatment centers, and to people leaving Rikers Island. That's who the audience is, not people who have never injected."

Neither Clear nor Heimer thought much of the press coverage, although Clear was more charitable to the Times than Heimer. "The brochure has been deceptively portrayed consistently in all the articles," said Clear. "This is a manual aimed at people who are using injection drugs. The first thing it says is if you want help, call this number. If you compare the articles in the Post and the Times, the anti-drug user invective in the Post was just horrendous and demonstrated a very biased position to begin with," said Clear. "The conversation in the Times was much more pro-public health and sympathetic."

"The Times article was incredibly negative," said Heimer. "The first eight or ten paragraphs were all the opposition, and only after that do you get to the health department and why it's a common sense public health approach. When you have 'liberal media' like the Times and rightwing Murdoch papers like the Post both condemning you, you are under a lot of pressure to change."

When all is said and done, did the pamphlet flap turn out to be a boon or a bane for harm reduction? Again, the two men differed.

"When you get this on Fox News or CNN and people are talking about it, even though the initial effort was to discredit the brochure, it actually brought harm reduction to public consciousness in a good way," said Clear. "While we feel attacked, there has been a lot of positive response, and this has raised the profile of harm reduction and the need to educate drug users. The public reaction hasn't been that bad; in fact, it's been quite good."

"Any time there is negative press, it's not good for harm reduction," said Heimer. "It's still fragile here. In places like Holland, Britain, Canada, and Australia, harm reduction is one of the four pillars -- prevention, treatment, law enforcement, harm reduction -- but in this country, very little is done about prevention, there is not enough drug treatment because there is not enough emphasis on demand reduction, and we spend all our money on supply reduction, and we know how that has worked."

At the Statehouse: Sentencing, Drug Testing, Good Samaritan, Hemp, and SWAT Bills

As 2009 winds up, we present the last installment in our series of articles on drug reform in state legislatures. This week, we look at Good Samaritan bills, sentencing bills, drug testing bills, and a hemp bill and a SWAT bill.

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Rhode Island Senate chamber
Although we have tried to be comprehensive, we might have missed something. If we have, please write to us here.

Good Samaritan Bills

Connecticut: A bill that would protect overdose victims and the people seeking help for them from prosecution, HB 5445, was introduced in January and referred to the Joint Committee on the Judiciary, where it got a hearing in March. It has not moved since.

Hawaii: A bill providing limited immunity from prosecution for overdose victims and those seeking to help them, HB 532, was introduced in January, passed the Health Committee on an 8-0 vote in February, and was assigned to the Judiciary Committee. It has now been held over for the 2010 session.

Maryland: A bill that would protect overdose victims and the people seeking help for them from prosecution, HB 1273, passed the House on a 135-0 vote in March, passed the Senate on a 47-0 vote in April, and was signed into law by Gov. Martin O'Malley in May.

Nebraska: A bill protecting drug overdose victims and those seeking to assist them from prosecution, LB 383, was introduced in January and got a hearing before the Judiciary Committee in March, but has not moved since.

New York: A bill that would provide protection to drug overdose victims and those seeking to help them, A 8147, was introduced in May and referred to the Assembly Rules Committee in June, where it has sat ever since. A companion measure, S 5191, was introduced in April and has sat before the Senate Codes Committee ever since.

Rhode Island: A bill that would provide limited immunity from prosecution for drug overdose victims and those trying to help them, S 194, was introduced in February and referred to the Senate Judiciary Committee, where it has been stalled ever since.

Washington: A bill that would protect overdose victims and those trying to help them from prosecution, HB 1796, was introduced in January and approved by the Committee on Public Safety and Emergency Preparedness in February. It was then referred to the House Rules Committee, where it died for lack of action.

Drug Testing

Kansas: A bill that would have required people who seek public assistance to undergo drug testing, HB 2275, passed the House on a 99-26 vote in March. It was referred to the Senate Public Health and Welfare Committee at that time, but has not moved since.

Louisiana: A bill that would have required welfare recipients to undergo drug testing, HB 137, died in June on an 11-5 vote in the House Appropriations Committee.

Missouri: A bill that would have made it a crime to falsify a drug test or to sell or transport drug test adulterants, HB 446, was introduced in May and promptly went nowhere. It is currently "not on the calendar." A bill that would require drug testing of welfare recipients upon "reasonable suspicion," SB 73, won a hearing before the Senate Progress and Development Committee in February, but has been dormant ever since.

West Virginia: A bill that would have mandated random drug tests for people who receive food stamps or unemployment benefits, HB 3007, was blocked in committee. A last ditch effort to revive it via a House floor vote was defeated 70-30 on a straight party line vote. Republicans voted for it.

Sentencing

Louisiana: A bill, HB 630, which would grant parole eligibility to people sentenced to life without parole for heroin offenses, passed the House and Senate in the spring and became law without the governor's signature in July. It became effective August 15.

Massachusetts: The state Senate last month approved SB 2210, which grants parole eligibility to nonviolent drug offenders serving mandatory minimum sentences. But the House recessed without taking action on the measure.

New Jersey: A bill that would give judges discretion to waive mandatory minimum sentences for some drug offenses, SB 1866, passed the Senate Judiciary Committee on November 23 and passed Senate yesterday. Its companion measure, A2762, passed the Assembly last year, and Gov. Jon Corzine (D) has said he will sign the bill.

New York: The legislature and Gov. David Paterson (D) came to an agreement in March on a second round of reforms to the state's draconian Rockefeller drug laws. The reforms, which went into effect in October, included returning judicial discretion in low-level drug cases, expanding treatment and reentry services, expanding drug courts, and allowing some 1,500 people imprisoned for low-level drug offenses to apply for resentencing.

Hemp

Oregon: Oregon became the 17th state to pass legislation favorable to hemp farming and the ninth state to remove legal barriers to farming the potentially lucrative crop as Gov. Ted Kulongoski (D) in August signed into law SB 676, an industrial hemp act sponsored by state Sen. Floyd Prozanski (D). The bill removes all state legal obstacles to growing hemp for food, fiber, and other industrial purposes. It passed the House 46-11 and the Senate 27-2. Industrial hemp production remains prohibited under federal law.

SWAT

Maryland: Gov. Martin O'Malley signed into law a bill that will require law enforcement SWAT teams to regularly report on their activities. The bill was largely a response to a misbegotten drug raid last July in Prince Georges County in which Berwyn Heights Mayor Cheye Calvo and his family were doubly victimized -- first by drug traffickers who used their address for a marijuana delivery, then by Prince Georges County police, who killed the family's two pet dogs and mistreated Calvo and his mother-in-law for several hours. The bill, the SWAT Team Activation and Reporting Act (HB 1267), requires all law enforcement agencies that operate SWAT teams to submit monthly reports on their activities, including when and where they are used, and whether the operations result in arrests, seizures or injuries.

Feature: Fired Up in Albuquerque -- The 2009 International Drug Policy Reform Conference

Jazzed by the sense that the tide is finally turning their way, more than a thousand people interested in changing drug policies flooded into Albuquerque, New Mexico, last weekend for the 2009 International Drug Policy Reform Conference, hosted by the Drug Policy Alliance. Police officers in suits mingled with aging hippies, politicians met with harm reductionists, research scientists chatted with attorneys, former prisoners huddled with state legislators, and marijuana legalizers mingled with drug treatment professionals -- all united by the belief that drug prohibition is a failed policy.

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candlelight vigil outside the Albuquerque Convention Center (courtesy Drug Policy Alliance)
As DPA's Ethan Nadelmann said before and repeated at the conference's opening session: "We are the people who love drugs, we are the people who hate drugs, we are the people that don't care about drugs," but who do care about the Constitution and social justice. "The wind is at our backs," Nadelmann chortled, echoing and amplifying the sense of progress and optimism that pervaded the conference like never before.

For three days, conference-goers attended a veritable plethora of panels and breakout sessions, with topics ranging from the drug war in Mexico and South America to research on psychedelics, from implementing harm reduction policies in rural areas to legalizing marijuana, from how to organize for drug reform to what sort of treatment works, and from medical marijuana to prescription heroin.

It was almost too much. At any given moment, several fascinating panels were going on, ensuring that at least some of them would be missed even by the most interested. The Thursday afternoon time bloc, for example, had six panels: "Medical Marijuana Production and Distribution Systems," "After Vienna: Prospects for UN and International Reform," "Innovative Approaches to Sentencing Reform," "Examining Gender in Drug Policy Reform," "Artistic Interventions for Gang Involved Youth," and "The Message is the Medium: Communications and Outreach Without Borders."

The choices weren't any easier at the Friday morning breakout session, with panels including "Marijuana Messaging that Works," "Fundraising in a Tough Economy," "Congress, President Obama, and the Drug Czar," "Zoned Out" (about "drug-free zones"), "Psychedelic Research: Neuroscience and Ethnobotanical Roots," "Opioid Overdose Prevention Workshop," and "Border Perspectives: Alternatives to the 40-Year-Old War on Drugs."

People came from all over the United States -- predominantly from the East Coast -- as well as South Africa, Australia, Canada, Europe (Denmark, England, France, Hungary, the Netherlands, Poland, Portugal, Scotland, and Switzerland), Latin America (Argentina, Brazil, Colombia, and Mexico), and Asia (Cambodia and Thailand).

Medical marijuana was one of the hot topics, and New Mexico, which has just authorized four dispensaries, was held up as a model by some panelists. "If we had a system as clear as New Mexico's, we'd be in great shape," said Alex Kreit, chair of a San Diego task force charged with developing regulations for dispensaries there.

"Our process has been deliberate, which you can also read as 'slow,'" responded Steve Jenison, medical director of the state Department of Health's Infectious Disease Bureau. "But our process will be a very sustainable one. We build a lot of consensus before we do anything."

Jenison added that the New Mexico, which relies on state-regulated dispensaries, was less likely to result in diversion than more open models, such as California's. "A not-for-profit being regulated by the state would be less likely to be a source of diversion to the illicit market," Jenison said.

For ACLU Drug Policy Law Project attorney Allen Hopper, such tight regulation has an added benefit: it is less likely to excite the ire of the feds. "The greater the degree of state involvement, the more the federal government is going to leave the state alone," Hopper said.

At Friday's plenary session, "Global Drug Prohibition: Costs, Consequences and Alternatives," Australia's Dr. Alex Wodak amused the audience by likening the drug war to "political Viagra" in that it "increases potency in elections." But he also made the more serious point that the US has exported its failed drug policy around the world, with deleterious consequences, especially for producer or transit states like Afghanistan, Bolivia, Colombia, Mexico, and Peru.

At that same session, former Mexican foreign minister Jorge Castaneda warned that Latin American countries feel constrained from making drug policy reforms because of the glowering presence of the US. Drug reform is a "radioactive" political issue, he said, in explaining why it is either elder statesmen, such as former Brazilian President Cardoso or people like himself, "with no political future," who raise the issue. At a panel the following day, Castaneda made news by bluntly accusing the Mexican army of executing drug traffickers without trial. (See related story here).

It wasn't all listening to panels. In the basement of the Albuquerque Convention Center, dozens of vendors showed off their wares, made their sales, and distributed their materials as attendees wandered through between sessions. And for many attendees, it was as much a reunion as a conference, with many informal small group huddles taking place at the center and in local bars and restaurants and nearby hotels so activists could swap experiences and strategies and just say hello again.

The conference also saw at least two premieres. On the first day of the conference, reporters and other interested parties repaired to a Convention Center conference room to see the US unveiling of the British Transform Drug Policy Foundation publication, After the War on Drugs: A Blueprint for Legalization, a how-to manual on how to get to drug reform's promised land. Transform executive director Danny Kushlick was joined by Jack Cole of Law Enforcement Against Prohibition, Sanho Tree of the Institute for Policy Studies, Deborah Small of Break the Chains, and DPA's Nadelmann as he laid out the case for moving beyond "what would it look like."

"There's never been a clear vision of a post-prohibition world," said Kushlick. "With this, we've tried to reclaim drug policy from the drug warriors. We want to make drug policy boring," he said. "We want not only harm reduction, but drama reduction," he added, envisioning debates about restrictions on sales hours, zoning, and other dreary topics instead of bloody drug wars and mass incarceration.

"As a movement, we have failed to articulate the alternative," said Tree. "And that leaves us vulnerable to the fear of the unknown. This report restores order to the anarchy. Prohibition means we have given up on regulating drugs; this report outlines some of the options for regulation."

That wasn't the only unveiling Thursday. Later in the evening, Flex Your Rights held the first public showing of a near-final version of its new video, 10 Rules for Dealing with Police. The screening of the self-explanatory successor to Flex Your Right's 2003 "Busted" -- which enjoyed a larger budget and consequently higher production level -- played to a packed and enthusiastic house. This highly useful examination of how not to get yourself busted is bound to equal if not exceed the break-out success of "Busted." "10 Rules" was one of a range of productions screened during a two-night conference film festival.

The conference ended Saturday evening with a plenary address by former New Mexico Gov. Gary Johnson, who came out as a legalizer back in 2001, and was welcomed with waves of applause before he ever opened his mouth. "It makes no sense to spend the kind of money we spend as a society locking up people for using drugs and using the criminal justice system to solve the problem," he said, throwing red meat to the crowd.

We'll do it all again two years from now in Los Angeles. See you there!

Feature: 2009 International Drug Policy Reform Conferences Opens Amid Optimism in Albuquerque

Hundreds, possibly more than a thousand, people poured into the Convention Center in downtown Albuquerque, New Mexico, as the Drug Policy Alliance's 2009 International Drug Policy Reform Conference got underway yesterday. Set to go on through Saturday, the conference is drawing attendees from around the country and the world to discuss dozens of different drug reform topics. (See the link above for a look at the program.)

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screening of near-final version of the next Flex Your Rights film, 10 Rules for Dealing with Police
This is the second time DPA has brought the conference to the distant deserts of the Southwest. In 2001, DPA rewarded libertarian-leaning New Mexico Gov. Gary Johnson (R) for becoming the highest ranking elected official in the US to call for ending drug prohibition by bringing the conference to his home state. Since then, the ties between DPA and New Mexico have only deepened.

As DPA New Mexico office head Reena Szczepanski explained at the opening plenary session, the Land of Enchantment is fertile ground for drug reform. "Back in 1997, when drug policy reform was little more than a twinkle in the eye, New Mexico passed a harm reduction act mandating the Department of Health to give out clean syringes for people with HIV/AIDS," she noted. "Then, when Gov. Johnson said it was time to end the war on drugs, DPA very wisely immediately opened an office here. In 2001, we passed the overdose prevention act, allowing for the distribution of naloxone. Then we passed opting out on the federal welfare ban, we passed asset forfeiture reform, we passed the 911 Good Samaritan Act -- saving somebody's life is more important than busting them for small amounts of drugs."

But wait, there's more. "Thanks to Gov. Bill Richardson, we became the 12th state to have legal access to medical marijuana for seriously ill people," Szczepanski continued. "We're working on treatment instead of incarceration, we're working to end the war on drugs in New Mexico and this country. This is a very special place for drug policy reform."

New Mexico is also right next store to one of the drug war's bloodiest battlegrounds: the mean streets of Ciudad Juarez, just across the Rio Grande River from El Paso, Texas, which in turn in borders New Mexico. More than 2,200 people have died in prohibition-related violence in Juarez this year alone.

That violence just across the river inspired El Paso City Councilman Beto O'Rourke to turn a motion expressing sympathy for El Paso's sister city into one that also asked for an open and honest debate on ending drug prohibition. The resolution passed the city council by a unanimous vote, only to be vetoed by the mayor. Then, as the council scheduled an override vote, the pressure came down.

"Each of us on the council got a call from Rep. Silvestre Reyes, our congressman and a very powerful figure," O'Rourke told the crowd Thursday. "He told us if we went forward with this, it will be very hard to get your district the federal funding you need. That's a powerful threat, since we rely on federal funding to deliver basic services. It was enough to get four members to change their votes."

While the resolution was defeated, the debacle opened the door for serious debate on drug policy in El Paso and generated support for ending prohibition as well, O'Rourke said. "Our local Students for Sensible Drug Policy chapter came out very strongly and helped organize a global policy forum in El Paso. I received hundreds of calls, letters, and emails of support from around the country and the world," O'Rourke related to sustained applause.

If Councilman O'Rourke was a new face, Ira Glasser is a familiar one. Former executive director of the ACLU and president of the DPA board of directors, Glasser told the crowd he was more optimistic about the prospects for change than ever before.

"Today we stand on the brink of transformative progress," he said. "I have never said that before. We can almost touch the goals we have sought, the unraveling of the so-called war on drugs, which is really a war on fundamental freedoms and constitutional rights, on personal autonomy, on our sovereignty over our minds and bodies, a war against people of darker skin color."

Just as Jim Crow laws were the successor to the system of slavery, said Glasser, so the drug war has been the successor to Jim Crow. "It's no accident that after the civil rights revolution ended with the passage of the last federal civil right law in 1968, Richard Nixon was elected on the southern strategy against progress on civil rights," he noted. "Within months of taking office, Nixon declared the modern war on drugs."

Glasser wasn't the only one feeling uplifted. "I am feeling good, better than ever before," said DPA executive director and plenary keynote speaker Ethan Nadelmann. "The wind is at our back. We are making progress like never before. We have to move hard and fast. Historically speaking, there are moments when everything comes together," drawing a pointed comparison with the successful temperance movement that managed to get alcohol banned during Prohibition. But Prohibition generated its own counter-movement, he said, again drawing a pointed parallel.

"Now, we're in another moment," Nadelmann said. "We're hurting with the recession, state budgets are hemorrhaging. More and more people are realizing we can't afford to pay for our prejudices, we can't continue to be the world's largest incarcerator."

But it's not just the economy that is opening the window, he continued. "What's happening in Mexico and Afghanistan, where illicit drugs are ready sources of revenues for criminals and political terrorists, that has people thinking. We have two major national security problems causing people to think afresh."

Nadelmann had a suggestion: "Ending marijuana prohibition is a highly effective way of undermining that violence," he said. "Until we end it, buy American."

Just after the opening plenary session ended, reporters and other interested parties repaired to a Convention Center conference room to see the US unveiling of the British Transform Drug Policy Foundation publication, After the War on Drugs: A Blueprint for Regulation, a how-to manual on how to get to drug reform's promised land. Transform executive director Danny Kushlick was joined by Jack Cole of Law Enforcement Against Prohibition, Sanho Tree of the Institute for Policy Studies, Deborah Small of Break the Chains, and DPA's Nadelmann as he laid out the case for moving beyond "what would it look like."

"There's never been a clear vision of a post-prohibition world," said Kushlick. "With this, we've tried to reclaim drug policy from the drug warriors. We want to make drug policy boring," he said. "We want not only harm reduction, but drama reduction," he added, envisioning debates about restrictions on sales hours, zoning, and other dreary topics instead of bloody drug wars and mass incarceration.

"As a movement, we have failed to articulate the alternative," said Tree. "And that leaves us vulnerable to the fear of the unknown. This report restores order to the anarchy. Prohibition means we have given up on regulating drugs; this report outlines some of the options for regulation."

That wasn't the only unveiling Thursday. Later in the evening, Flex Your Rights held the first public showing of its new video, 10 Rules for Dealing with Police. The screening of the self-explanatory successor to Flex Your Right's 2003 "Busted" played to a packed and enthusiastic house. This highly useful examination of how not to get yourself busted is bound to equal if not exceed the break-out success of "Busted."

The conference, of course, continued Thursday afternoon and will go through Saturday, but your reporter was busy getting this week's Drug War Chronicle ready to go. Come back next week for fuller reports on the 2009 International Drug Policy Reform Conference.

Staying Alive: Tools for Overdose Intervention and Survival

This half-day training is for anyone working with opiate users who may be at risk for overdose. Family members, friends, partners and loved ones of opiate users who are interested in learning about overdose prevention and response are also welcome. Opiates include drugs like heroin and prescription drugs like Oxycontin or Percocet. Training participants will learn the skills necessary to respond to an overdose, including rescue breathing and Narcan administration. At the finish of the training, participants will be certified overdose responders and will receive an overdose response kit if they choose. This training will also cover overdose risk factors, recognizing an overdose, important prevention tips. Learn how your agency can develop an overdose protocol and provide the best care to drug using program participants. We will explore how to effectively engage and talk to program participants and friends about overdose. Participants will leave with a solid foundation around overdose prevention, recognition, and response and a plan to practice overdose prevention in their work, or with friends and family. To register, click here: https://salsa.democracyinaction.org/o/1627/l/eng/p/salsa/event/common/pu...
Date: 
Fri, 10/16/2009 - 1:00pm - 5:00pm
Location: 
1440 Broadway, Ste 510
Oakland, CA 94612
United States

Harm Reduction: Drug-Related Deaths Rose Dramatically in Recent Years, CDC Says

In a report released Wednesday, the Centers for Disease Control (CDC) has found that drug-related deaths -- the vast majority of them overdoses -- increased dramatically between 1999 and 2006, and that drug-related deaths now outpace deaths from motor vehicle accidents in 16 states. That's up from 12 states the previous year and double the eight states in 2003.

More people died from drug-related causes than traffic accidents in the following states: Massachusetts, New Hampshire, Rhode Island, Connecticut, New York, New Jersey, Maryland, Pennsylvania, Ohio, Michigan, Illinois, Colorado, Utah, Nevada, Oregon and Washington.

The news comes even as harm reductionists and public health advocates seek to gain support on Capitol Hill for passage of H.R. 2855, the Drug Overdose Reduction Act, sponsored by Rep. Donna Edwards (D-MD). The bill would create a federal grant program to support both existing and new overdose prevention programs across the country.

"Patients and their families could receive written instructions on how to recognize and respond to an overdose. In addition, college campuses could utilize overdose prevention money to educate students on how to recognize and respond to an alcohol overdose," advocates for H.R. 2855 wrote in a letter to Reps. Henry Waxman (D-CA) and Frank Pallone (D-NJ), chairmen of the House Energy and Commerce Committee and the committee's Health subcommittee, respectively.

Something like H.R. 2855 is desperately needed. According to CDC researchers, who examined death certificate data from around the country, some 45,000 died in traffic accidents in 2006, while 39,000 people suffered drug-related deaths. About 90% of the drug deaths were classified as overdoses, but researchers also included in that figure people who died of organ damage from long-term drug use.

Researchers reported a sharp increase in deaths tied to cocaine and to the opioid analgesics, a class of powerful drugs, used medically for pain treatment (as well as for non-prescription drug-taking via the black market), that includes fentanyl, methadone, morphine, and popular pain relievers like Vicodin and Oxycontin. Cocaine-related deaths jumped from about 4,000 in 1999 to more than 7,000 in 2006, but methadone-related deaths increased seven-fold to about 5,000, and other opioid deaths more than doubled from less than 3,000 to more than 6,000. Interestingly, heroin-related deaths actually declined slightly, hovering just below 2,000 a year throughout the period in question.

And despite all the alarms about young people dying of drug overdoses, the 15-24 age group had the lowest drug-related death rate of any group except those over 65. Only about three per 100,000 young people died of drug-related causes in 2006, compared to six per 100,000 among the 25-34 age group, eight per 100,000 in the 35-44 age group, and 10 per 100,000 in the 45-54 age group.

CDC researchers did not discuss causes for the increase in overall drug-related deaths or the rate of drug-related deaths.

Harm Reduction: Overdose Prevention Bill Introduced, Study Released

In response to a rapid increase in the number of drug overdose fatalities -- doubling from 11,000 in 1999 to 22,000 in 2005 -- US Rep. Donna Edwards (D-MD) Wednesday introduced the Drug Overdose Reduction Act, which would allocate $27 million a year to cities, states, tribal governments, and nonprofits to implement overdose reduction strategies. Accidental drug overdoses are now the second leading cause of accidental deaths, second only to auto accidents.

Edwards introduced the bill in conjunction with a new report from the Drug Policy Alliance, Preventing Overdose, Saving Lives: Strategies for Combating a National Crisis, which lays out a number of ways in which the overdose toll can be reduced:

  1. Enhance overdose prevention education.
  2. Improve monitoring, research, outreach and coordination to build awareness of the overdose crisis, its ramifications and public health approaches to reducing it.
  3. Remove barriers to naloxone (Narcan) access.
  4. Promote 911 Good Samaritan immunity law reform.
  5. Establish trial supervised injection facilities.

"We've got the science, we've got the technology and the medicine to do this," said Dr. Donald Kurth, head of the American Society of Addiction Medicine during a Wednesday conference call. Yet despite a national overdose death toll "like a jumbo jetliner crashing every three days," the US "as a nation hasn't had the political will to let physicians use what's already available."

Feature: Effort to Bring Safe Injection Facility to New York City Getting Underway

Last Friday, more than 150 people gathered at John Jay College of Criminal Justice in New York City for a daylong conference on the science, politics, and law of safe injection facilities (SIFs) as part of a budding movement to bring the effective but controversial harm reduction measure to the Big Apple. Sponsored, among others, by the college, the Harm Reduction Coalition, and an amalgam of 17 different New York City needle exchange and harm reduction programs known as the Injection Drug User Health Alliance (IDUHA), the conference targeted not only harm reductionists but public health advocates and officials, law enforcement, service providers, and the general public.

http://stopthedrugwar.org/files/johnjaycollege.jpg
John Jay College, NYC (courtesy wikipedia.org)
The Safe Injection Facilities in New York conference aimed to create public awareness of SIFs, provide evidence that they are cost-effective, and start developing a plan for implementing SIFS in New York. As the conference program indicates, organizers relied heavily on experts from Vancouver, where the Downtown Eastside Insite SIF has been in operation -- and under evaluation -- since 2003, to provide the evidence base.

The first SIFs opened in Switzerland in the mid-1980s. Since then, they have spread slowly and there are now 65 SIFS operating in 27 cities in eight countries: Switzerland, Germany, the Netherlands, Spain, Australia, Norway, Luxembourg, and Canada. Although advocates have been working for the past year-and-a-half to bring an SIF to San Francisco, that effort has yet to bear fruit.

SIFS are credited with saving lives through overdose prevention, reducing the spread of blood-borne disease, reducing public drug use and attendant drug litter, and creating entryways to treatment and other services for hard-core drug users not ready to abstain. The results reported by the Vancouver delegation on Insite were typical:

  • No fatal overdoses at the SIF.
  • No increase in local drug trafficking.
  • No substantial increase in the rate of relapse into injection drug use.
  • Reductions in public drug use, publicly discarded syringes and syringe sharing.
  • SIF users 1.7 times more likely to enter detox programs.
  • More than 2,000 referrals to counseling and other support services since opening.
  • Collaboration with police to meet public health and public order objectives.

But despite such research results, the United States remains without an operating SIF. The obstacles range from the legal, such as the federal crack house law and its counterparts in many states, to the political and the moral. But for harm reduction and public health advocates, it is the failure to embrace such proven life-saving measures that has the stench of the immoral.

"The reality is that we have people shooting up in unsafe injection facilities as we speak," said Joyce Rivera, executive director of St. Ann's Corner of Harm Reduction and chair of the conference. "The reality is they are not shooting up in a safe, hygienic environment with the possibility of a transition into a range of care. That's what's not happening. As public health advocates, we are saying let's recognize that reality and create those safe facilities. Let these people enter through the portal of public health into a safe environment and start to pace their own change," she said.

"We have to acknowledge the social fact that people are shooting up in unsafe venues," Rivera said. "It's not some esoteric or academic argument. The question is what do we do about it? Public health is supposed to protect the community, and SIFs are a necessary evolution in our public health policy."

"The big issue here is that we know we have about 200,000 injection drug users in the city, and the needle exchange programs only serve a few thousand of them," said Robert Childs of Positive Health Project, one of the members of the IDUAH. "Most of them are getting needles from unregulated needle exchanges, shooting galleries, from friends. That is a large part of why New York City has the most HIV and Hepatitis C cases in the US and one of the highest rates of infection in North America," he said.

"The other big issue is that we're giving injectors the tools to inject, but not a safe space to do it," Childs pointed out. "Many shoot up in the public domain, in the bathrooms at Starbucks or McDonalds or White Castle, in libraries, parks, alleys, phone booths. They leave their syringes in locations that aren't evident to a non-injector, and that's a public health issue."

They also overdose. Drug overdose is the fourth leading cause of death in the city. While it is a tragedy for the victim, overdoses both lethal and non-lethal are also a burden to the city. "Taxpayers have to pay these costs," said Childs. "For an ambulance to respond to an overdose costs between $400 and $1,200, and that's going on many times a day every day."

It's not just ambulances. Failing to address injection drug use under prohibition conditions costs real dollars in other ways as well. Each new diagnosis of HIV in the city comes with a $648,000 price tag for life-long medications and medical care, and even that may be on a low end estimate. A case of hepatitis C often requires $280,000 to $380,000 for a liver transplant; for those cases that do not warrant a liver transplant, treatment costs anywhere from $60,000 to $100,000.

And it's not just taxpayers paying. According to Childs, local businesses, including service providers, spend thousands of dollars a year on plumbing repairs -- from needles disposed of in toilets for lack of biohazard containers.

Now, said advocates, it is time to move forward. The conference was but the opening shot in what will likely be a long and frustrating campaign.

"The conference went very well and it will be a bit of a lift," said John Jay Professor Richard Curtis, who addressed the topic of moving forward from here at the conference. "The evidence is piling up from Sydney and Vancouver and Europe, and that is helping us, too. But this isn't something the health departments and the politicians aren't quickly going to jump on the bandwagon for. We have to give them a push, and if we don't start working on it now, it'll never happen. We didn't get where we are today by behaving ourselves," he added, relating how his own needle exchange effort first faced official opposition before being accepted.

The audience included people from the city and state health departments, Curtis said. "The health officials are all very supportive... unofficially," he said. "They didn't want to be on the agenda, but they say they're supportive. But this is an election year, and that makes it hard for them."

There will be an organizing meeting in two weeks to map out strategy, Curtis said. "We'll see who is willing and able, whether there is an existing agency bold enough to forge ahead or whether we will have to create some alternative organizations. We want to put this issue on the table now."

"We're forming an action group to bring this into New Yorkers' consciousness," said Childs. "The people who do know about -- drug users -- are one of the most stigmatized populations in the city. We are going to a campaign similar to Vancouver about how these people are not bogeymen, but our sons and daughters. We're also trying to organize some media events around it. A group of lawyers will help by challenging some codes. And we'll be trying to work with our legislators and city councilors," he said.

But Curtis and others are not willing to wait forever. "I'm not hopeful that federal crack house laws will end any time soon," he said. "But we started needle exchanges by just doing it. If it has to come to that, we'll have to make them arrest us again. We need to back them into a corner at the very least."

Harm Reduction Coalition Western Coordinator Hilary McQuie has been involved in the ongoing SIF effort in San Francisco. Just because something isn't happening officially doesn't mean it isn't happening, she noted.

"I don't know much about shooting galleries in New York," she said, "but out here, it's no big secret that the bathrooms of service providers, drop-in centers, homeless shelters, soup kitchens are used for shooting up. What people are doing to try to make these current injection spaces safer is perhaps having safe injection instructions, syringe disposal devices, soap and water, things like that," she said. "Also, it's sort of semi-supervised. If someone's in the bathroom and doesn't come out, you can open the door and save them from an overdose. That happens every day in San Francisco."

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