Legal & Legislative Research

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. ...

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. ...

In this survey, the Legislative Analysis and Public Policy Association (LAPPA) examines the policy response at the state level to the spread of pill presses used to create counterfeit drugs. There is relatively little policy in this area compared to federal law, and most innovation is relatively recent.  Findings are presented jurisdiction by jurisdiction for easy comparison among states and between current state- and federal law....

In an effort to save lives, states have implemented laws to make it easier for first responders and the general public to obtain opioid antagonists, such as naloxone. Additionally, to encourage people to assist an individual who is or may be suffering an overdose, the majority of states also enacted laws which protect laypeople who administer opioid antagonists, in good faith, in an emergency from civil and/or criminal liability. The Legislative Analysis and Public Policy Association (LAPPA) undertook an extensive research project to determine the current status of opioid antagonist access laws throughout the United States, including the District of Columbia and all U.S. territories. As of August 2020, all 50 states and the District of Columbia have some form of an opioid antagonist access law. ...

In this survey, the Legislative Analysis and Public Policy Association (LAPPA) examines the legislative and regulatory response at the state level to the issue of fentanyl cleanup. As at the federal level, there is little policy in this area, and the only exceptions to that rule are very recent. Findings are presented jurisdiction by jurisdiction for easy comparison among the states....

In this document, the Legislative Analysis and Public Policy Association examines state-level legislative and administrative responses to the public health risk posed by expired and unused prescription medications. In the last several years, states, in coordination with the Federal Drug Enforcement Administration (DEA) have enacted legislation or promulgated administrative regulations to authorize drug take-back programs where expired or unused pharmaceuticals can be collected from the public by authorized persons and disposed of in a safe manner. Findings are presented by state for ease of comparison....

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. The Legislative Analysis and Public Policy Association (LAPPA) recently undertook an extensive research project to determine the current status of Good Samaritan fatal overdose prevention laws throughout the United States, including the District of Columbia and all U.S. territories....

Syringe services programs (SSP) are harm reduction programs that provide a wide range of services including, but not typically limited to, the provision of new, unused hypodermic needles and syringes and other injection drug use supplies, such as cookers, tourniquets, alcohol wipes, and sharps waste disposal containers, to people who inject drugs. In this summary, readers will find information with respect to SSPs for each state, including citations to applicable statutes and/or regulations, whether the state allows SSPs by statute, whether there are any municipal or county ordinances or regulations in place within the state, program components, miscellaneous provisions, and information on any pending legislation....