Substance Misuse

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....

Psilocybin is a chemical compound produced by more than 100 species of mushrooms, many of which belong to the genus Psilocybe, found growing around the world. Various indigenous cultures have consumed psilocybin-containing mushrooms for medical purposes and as part of spiritual ceremonies for thousands of years. In 1970, Congress enacted the Controlled Substances Act and categorized psilocybin and other psychedelic substances as Schedule I controlled substances, which effectively stopped the research into the therapeutic effects of psilocybin for several decades. Today, psilocybin remains a Schedule I controlled substance at the federal level and it is also classified as a Schedule I controlled substance in 47 states and the District of Columbia. Despite the continued challenges of researching Schedule I controlled substances, the 21st century has brought forth a renewed interest in investigating the therapeutic potential of psilocybin....

Psilocybin is a chemical compound produced by more than 100 species of mushrooms found growing around the world. Because of the psychedelic effects that these mushrooms produce when consumed, psilocybin-containing mushrooms have been colloquially referred to as “magic mushrooms” or “shrooms.” In this document, the Legislative Analysis and Public Policy Association (LAPPA) identifies both currently-in-force statutes/regulations and recently proposed legislation related to psilocybin throughout all 50 states, the District of Columbia, and the U.S. territories....

In 2022, Frank Taylor, co-owner of Taylor Made Farm, a farm in Lexington, Kentucky for elite racehorses, pioneered the idea of opening the farm to men in need of substance use recovery to start their journey to long-term recovery by learning to take care of the farm’s million-dollar horses. He partnered with Christian Countzler, an Army veteran, to open Stable Recovery, a substance use disorder recovery program that combines peer recovery and 12-step program participation with horsemanship. ...

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. ...

Through the use of medications for addiction treatment (MAT), an individual’s substance use, withdrawal symptoms, and the physiological and psychological cravings can be controlled, enabling the person to begin treatment while in a correctional facility and be released as a person in, or on his or her way to, recovery. Research shows that that the use of MAT for Opioid Use Disorder in correctional settings is a cost-effective and life-saving intervention....

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....

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....