Legal & Legislative Research

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. ...

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. ...

December 11, 2023 | Controlled Substances, Legal & Legislative Research, Opioids, Prescription Drugs, Substance Misuse, Synthetic Drugs

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....

August 28, 2023 | Controlled Substances, Harm Reduction, Legal & Legislative Research, Opioids, Pharmacy, Prescription Drugs, Public Health, Public Safety, Substance Misuse

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....

July 14, 2022 | Controlled Substances, Law Enforcement, Legal & Legislative Research, Prescription Drugs, Public Safety

In this survey, the Legislative Analysis and Public Policy Association (LAPPA) examines the state-level legislative response to drugged driving. In Section I, it presents the existing laws on driving under the influence of drugs in the 50 states and the District of Columbia. Section II highlights a selection of additional resources for policymakers on drugged driving research and policy proposals in the United States. These resources include scientific studies, such as the latest research on the physiological effects of certain substances on drivers and the effectiveness of new testing methods and policy analysis, including recommendations from the U.S. Department of Justice on how to effectively detect and prosecute drugged driving. Together they illuminate the evolving landscape of drugged driving in the United States and the potential remedies that can keep Americans safe on the roads....

July 26, 2021 | Controlled Substances, Drug Courts, First Responders, Law Enforcement, Legal & Legislative Research, Public Health, Public Safety, Substance Misuse, Treatments

All across the U.S. jails are filled with people who need medical care and social services, many of whom cycle in and out of jail without ever receiving the help they need. One emerging model to combat this problem is deflection, which seeks to prevent individuals who have low to moderate criminogenic risk, but significant unmet social, economic, and health needs, from entering the criminal justice system. The goal of deflection programs is to lessen the burden on the criminal justice system by connecting those individuals—before they enter the criminal justice system—to treatment and social services to which they might not otherwise have access. This document is designed to: (1) provide a singular resource for each jurisdiction’s deflection laws; (2) allow for a comparison of these laws between jurisdictions; and (3) identify and highlight interesting provisions....