Legal & Legislative Research

December 19, 2024 | Legal & Legislative Research

Many states have enacted involuntary commitment laws for those suffering from alcoholism and/or substance use disorders (SUDs). In order to protect an individual’s civil rights, each state ensures that the committed person receives due process by providing the person the right to an attorney during the commitment process. This summary highlights provisions of of state involuntary commitment laws....

September 25, 2024 | Criminal Justice, Legal & Legislative Research, Recovery, Reentry

Collateral consequences are legal, regulatory, and policy barriers imposed against an individual arrested for, charged with, or convicted of a criminal offense that often have no connection to the criminal offense. In this document, LAPPA (1) provides a single resource highlighting each jurisdiction’s laws related to collateral consequences; (2) allows for comparison of the laws between jurisdictions; and (3) identifies and highlights any interesting or novel provisions....

June 28, 2024 | Controlled Substances, Fetal and Infant Health, Legal & Legislative Research, Maternal Health, Opioids, Prescription Drugs, Substance Misuse, Treatments

In this document, the Legislative Analysis and Public Policy Association (LAPPA) examines state-level statutes and regulations related to substance use during pregnancy and whether such use during pregnancy is considered child abuse or neglect in the jurisdiction. ...

May 10, 2024 | Controlled Substances, First Responders, Legal & Legislative Research, Opioids, Substance Misuse

Research indicates that there is often a reluctance among those witnessing an overdose to summon emergency assistance from law enforcement or other first responders out of fear of arrest for drug possession or other charges. In an effort to reduce this fear and to encourage overdose witnesses to seek help, state policymakers developed Good Samaritan laws specific to drug overdoses. The purpose of these laws is to prioritize the overdose victim’s safety over arresting drug users by granting limited protection from criminal liability to persons seeking medical assistance and, in most cases, to the overdose victim. This document (1) provides a singular resource for each jurisdiction's laws; (2) allows for a comparison of these laws between jurisdictions; and (3) identifies and highlights interesting provisions. ...

February 29, 2024 | Controlled Substances, Kratom, Legal & Legislative Research, Opioids, Substance Misuse

Kratom is an herb derived from a leafy Southeast Asian tree and contains two psychoactive compounds that can bind to opioid receptors in the brain and produce a pharmacological response similar to effects produced by other opioid agonists, such as morphine. As of February 2024, 22 states and the District of Columbia regulate kratom. This document: (1) provides a singular resource for each jurisdiction’s laws; (2) allows for a comparison of these laws between jurisdictions; and (3) identifies and highlights interesting provisions. ...

January 19, 2024 | Controlled Substances, Fentanyl, Harm Reduction, Law Enforcement, Legal & Legislative Research, Opioids, Public Health, Public Safety, Sharps/Syringes, Substance Misuse, Synthetic Drugs

Given the increased emphasis in recent years on using harm reduction strategies to slow the overdose crisis, the hurdle posed by state drug paraphernalia laws to freely allowing drug checking services or establishing syringe services programs is not inconspicuous. Accordingly, in 2022, LAPPA first undertook an extensive research project to determine how drug paraphernalia laws throughout the 50 states, District of Columbia, and all U.S. territories treat drug checking equipment (including fentanyl test strips and other items) and needles/syringes. This January 2024 version, which sets forth a summary of state and territory laws as of December 2023, is an update to the original report. ...