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Gabriel Sayegh

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Gov. Cuomo Signs Law to Help Reduce Overdose Deaths

Posted: 07/24/11 03:53 PM ET

A national crisis has emerged as the number of overdose deaths from both legal and illegal drugs has skyrocketed. Now New York is taking action to stem the crisis.

Last week, Governor Andrew Cuomo signed bipartisan legislation to reduce preventable overdose fatalities, making New York the most recent -- and largest -- state to enact such a law. Called Good Samaritan 911, the law encourages people to call for emergency services in the event of an overdose. In his message approving the legislation, Gov. Cuomo expressed support for health-based interventions to prevent overdose: "The benefit to be gained by the bill -- saving lives -- must be paramount," he wrote.

Overdose prevention measures are desperately needed. Nationally, in 2007 (the most recent data available) over 27,000 people died from accidental overdoses. New York is among the many states where accidental overdose deaths outnumber automobile related fatalities; Long Island alone averages nearly one overdose death every day. Accidental overdose is a huge, silent crisis across the U.S.

Fortunately, most of these deaths are preventable.

Most drug overdoses occur in the home and in the presence of others. While fatal accidental drug overdoses can be prevented if emergency services are contacted soon enough, most people witnessing a drug overdose -- whether the drugs used are legal or illegal -- don't call for emergency help. Why?

Studies have found that for those witnessing a drug overdose, the majority hesitate to call emergency services due to fear of arrest for drug possession. In short, people are afraid of calling 911 and getting a ride in the back of a cop car instead of an ambulance, leading to thousands of unnecessary deaths every year.

To encourage people to seek help in an overdose emergency, New York's 911 Good Samaritan policy seeks to alleviate fears associated with calling 911. The measure provides limited protections from charge and prosecution for possession of small amounts of drugs, and also protects against arrest for misdemeanor possession of residual amounts of drugs or paraphernalia. The law also offers limited protection from charge and prosecution for "sharing," which in New York -- as well as other states -- is considered a sales offense. Those who possess large amounts of drugs for sale, or are engaged in drug trafficking, are not protected under the new law.

There was broad, bipartisan support for the measure from parents, student and community groups, and health experts all across New York -- in urban, suburban, and rural areas alike. The bill sponsors -- Senator John DeFrancisco (R, C, IP -- Onondaga County) and Assembly member Dick Gottfried (D, WFP -- Manhattan) -- were joined by both progressive and conservative co-sponsors. The legislation passed unanimously in the Senate and near-unanimously in the Assembly.

Similar laws have been passed in other states to address the crisis: New Mexico (2007), Washington State (2010) and Connecticut (2011) have passed their own versions of 911 Good Samaritan, and numerous other states -- including California, Illinois, and Nebraska -- are considering similar measures. New York is the largest state to enact an expansive 911 Good Samaritan law, providing numerous protections to protect overdose victims and those who call for help, making it a model for other states.

As outlined in a national report by the Drug Policy Alliance, more can be done to address the overdose crisis -- including expanding access to the overdose reversal medication naloxone. Ensuring proper implementation of New York's 911 Good Samaritan policy, and enacting similar prevention measures in other states, is a top priority for advocates, community groups, and health experts seeking to save lives.

"No one should go to jail for trying to save a life," said Hiawatha Collins, a leader and Board member of VOCAL-NY, one of the many groups that worked for the reforms. "This law will help make sure that calling 911 is the first thing someone does if they witness an overdose -- not worry about what the cops will do. New York is making clear that saving lives needs to be our priority, not locking people up."

Gabriel Sayegh is New York State Director of the Drug Policy Alliance, www.drugpolicy.org.

 
 
 
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niveuspuer94
Liberal Atheist
02:30 PM on 07/25/2011
While this sounds good in theory, it's probably not going to actually work in practice. At a time of desperation, everyone knows about an unwritten law called the "somebody's gotta pay clause."

If the police feel that they've witnessed an injustice, they're going to find some way to charge someone with something. It's like kicking a beehive to eradicate the bees. It might work out as you've planned for it to, but there will be some serious consequences if it doesn't. And that will be the first thought racing through everyone's minds when they call 911. Just as it was before this law was inacted.
06:16 PM on 07/24/2011
Evan Nison from Ithaca College deserves a lot of credit for this. He's one of the biggest student activists out there, and has done a lot with his Students for Sensible Drug Policy chapter at his school. He's been voted Freedom Fighter of the Month by High Times Magazine and just won NORML's Student Activism Award at their national convention this past April. He'll become a household name in the drug reform debate soon enough, and he's currently working on a similar bill to this one for New Jersey.
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Gabriel Sayegh
09:21 PM on 07/24/2011
You're absolutely right -- Evan Nison did a lot of great work to pass this legislation. Thank you Evan Nison!
11:39 PM on 07/24/2011
Thanks to both of you!
05:13 PM on 07/24/2011
ok, how does the title "cuomo signs law to prevent overdoses" square with the actual article?

i saw the title and had to read the article to figure out how in the world a piece of legislation could stop people from taking too much of a drug, either legal or illegal medication.

of course it is impossible for legislation to perform that amazing accomplishment.
05:58 PM on 07/24/2011
It's not so much about preventing overdoses but about preventing unnecessary deaths from overdoses.
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HUFFPOST SUPER USER
nlightenup
Retired psychologist, responds to open minds.
03:47 PM on 07/24/2011
With all of the heartlessness that's going on in politics currently, this is a heartening exception. Now if national lawmakers would follow through and value those lives saved by this bill, and not leave them to die of cold or lack of medical care from slashing humanitarian programs for sick and low-income people.
05:10 PM on 07/26/2011
i did not read where they were taking programs away from the sick and low-income people ? this
bill is good ,but it will only save a few lives .i live in new york city .i have seen a lot of ppl die from
drugs .if a person is laying in the street there is a 911 call right away there is a lot of rehab programs
i know that because my only son OD died at the age of 33 for 17yrs i tried to save him .he went to daytop village rehab was there over a year .came home looking brand new .in less then a month back again
i done all i could after he crashed again .nothing i done worked .this bill is good .it might save 1 out of a 100 .once you are hooked if you dont quit u will die no matter what bill is passed .living with a drug addict is like having cancer .when i was young there were no rehabs if you did kick the habit and went cold turkey u will die anyway from the drugs or another illness or you were worthless cant work
you went to sigh up for welfare don't doubt me i lived it and i still live around it
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HUFFPOST SUPER USER
nlightenup
Retired psychologist, responds to open minds.
09:28 PM on 07/26/2011
"i did not read where they were taking programs away from the sick and low-income people ?"

It hasn't happened yet, but Medicare, Medicaid, Social Security--there's talk of Congress cutting all of those.

"this bill is good ,but it will only save a few lives "

I agree. It was heartening to see a bill focus on protecting vulnerable people, however limited its scope.

"i know that because my only son OD died at the age of 33"

I'm very sorry for your loss and your heartbreak. You have certainly witnessed the worst. Perhaps with this bill in effect, you'll get to witness some of the good it brings.