Substance Abuse

In partnership with the O'Neill Institute for National & Global Health Law at Georgetown University Law Center, the Center for U.S. Policy, and Brown & Weinraub, PLLC, LAPPA developed a model law to assist states in their efforts to maximize funds available to address the overdose crisis. The Model Opioid Litigation Proceeds Act will guide states through the establishment of a dedicated fund, separate from the state’s general treasury fund, that is designated for substance use disorder abatement, including prevention, treatment, recovery, and harm reduction infrastructure, programs, services, supports, and resources. All proceeds received by the state arising out of legal claims made against manufacturers and distributors of prescription opioid analgesics, pharmacies that dispensed prescription opioid analgesics, and related parties shall be deposited into the dedicated fund....

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....

A newly released report from the United States Department of Justice indicates that among all state and federal prisoners, nearly four in 10 self-reported using drugs and three in 10 self-reported consuming alcohol, at the time of the offense for which they are currently serving a sentence in a correctional facility. Many of those individuals meet the clinical definition of having a substance or alcohol use disorder - 40% for substance use and just over 20% for alcohol. Of that population, 33% of state and 46% of federal prisoners, who met the criteria for having a substance or alcohol use disorder, reported participating in a treatment program after their admission to a correctional facility....

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 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....

LAPPA’s Model Recovery Residence Certification Act is designed to implement a voluntary certification process for recovery residences in a state. The purpose of certification is to allow for greater oversight of recovery residences and greater protection of recovery home residents. As currently drafted, the Model Act allows either a state agency designated by the state or an approved certifying organization under contract with the state agency to certify recovery residences under the program outlined in the Act. The Act also addresses the zoning issues that have arisen in local jurisdictions around the country. ...