Good Samaritan Law for Ovedoses is clarified, effect 8/1/15

When you call 911 for help for a drug overdose, you and the person who overdoses are immune from prosecution for simple possession of small amounts of heroin, cocaine, drug paraphernalia, et cetera.  Contraband will be seized by the police, but possession of 1 gram or less shall not be prosecuted, pursuant to N.C.G.S. § 90-96.2. Limited Immunity for Samaritan. – A person shall not be prosecuted for any of the offenses listed in subsection (c3) of this section if all of the following requirements and conditions are met:
  • (1) The person sought medical assistance for an individual experiencing a drug-related overdose by contacting the 911 system, a law enforcement officer, or emergency medical services personnel.
  • (2) The person acted in good faith when seeking medical assistance, upon a reasonable belief that he or she was the first to call for assistance. (3) The person provided his or her own name to the 911 system or to a law enforcement officer upon arrival.
  • (4) The person did not seek the medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search. Page 2 Session Law 2015-94 Senate Bill 154-Ratified
  • (5) The evidence for prosecution of the offenses listed in subsection (c3) of this section was obtained as a result of the person seeking medical assistance for the drug-related overdose.
The immunity described in subsection (b) of this section shall extend to the person who experienced the drug-related overdose if all of the requirements and conditions listed in subdivisions (1), (2), (4), and (5) of subsection (b) of this section are satisfied. Full text of the updated statute: Good Samaritan Law Clarified Read more "Good Samaritan Law for Ovedoses is clarified, effect 8/1/15"

Narcan Opiate Overdose Emergency Kits Available for FREE

The Harm Reduction Coalition of of Asheville is providing much needed Narcan kits for those in need in Asheville.  They have kits that consist of two vials of Narcan and syringes with instructions, and they have a few kits of Narcan Auto injectors, for people who are not comfortable with needles.   You can buy Narcan kits at Pharmacies, but the auto injector kits are expensive, running $700-$800 .  This is life saving technology available for free.

Confidential Contacts for information and kits.

What is Narcan™ (naloxone)?

Narcan™ (naloxone) is an opiate antidote. Opioids include heroin and prescription pain pills like morphine, codeine, oxycodone, methadone and Vicodin. When a person is overdosing on an opioid, breathing can slow down or stop and it can very hard to wake them from this state. Narcan™ (naloxone) is a prescription medicine that blocks the effects of opioids and reverses an overdose. It cannot be used to get a person high. If given to a person who has not taken opioids, it will not have any effect on him or her, since there is no opioid overdose to reverse.

How does Narcan™ (naloxone) work? 

If a person has taken opioids and is then given Narcan™ (naloxone), the opioids will be knocked out of the opiate receptors in the brain. Narcan™ (naloxone) can help even if opioids are taken with alcohol or other drugs. After a dose of  Narcan™ (naloxone), the person should begin to breathe more normally and it will become easier to wake them. It is very important to give help to an overdosing person right away. Brain damage can occur within only a few minutes of an opioid overdose as the result of a lack of oxygen to the brain. Narcan™ (naloxone) gives concerned helpers a window of opportunity to save a life by providing extra time to call 911 and carry out rescue breathing and first aid until emergency medical help arrives.

Doesn’t a person need to be a medical professional to be able to spot a serious overdose and give Narcan™?  Research has shown that with basic training, nonmedical professionals, such as friends, family members or even concerned bystanders, can recognize when an overdose is occurring and give Narcan™ (naloxone), and in North Carolina, you are protected from civil liability for giving Narcan by the Good Samaritan Law.

 NCGS § 90-96.2 Good Samaritan/ Naloxone Access law, effective April 9, 2013, states that individuals who experience a drug overdose or persons who witness an overdose and seek help for the victim can no longer be prosecuted for possession of small amounts of drugs, paraphernalia, or underage drinking.  The purpose of the law is to remove the fear of criminal repercussions for calling 911 to report an overdose, and to instead focus efforts on getting help to the victim. The Naloxone Access portion of  NCGS § 90-96.2 removes civil liabilities from doctors who prescribe and bystanders who administer naloxone, or Narcan, an opiate antidote which reverses drug overdose from opiates, thereby saving the life of the victim.  NCGS § 90-96.2 also allows community based organizations to dispense Narcan under the guidance of a medical provider. As a result, officers may encounter people who use opiates and their loved ones carrying overdose reversal kits that may include Narcan vials, 3cc syringes, rescue breathing masks and alcohol pads.

Is the use of naloxone by non-medical people controversial?

No.  Recently the American Medical Association endorsed the training of lay people in the use of Narcan (naloxone) to prevent overdoses.  Also the director of Office of National Drug Control Policy,Gil Kerlikowski (the U.S. Drug Czar), remarked that naloxone distribution is a key component of overdose prevention.

Can Narcan™ (naloxone) harm a person?       

No. Narcan™ (naloxone) only affects people who are using opioids. If a person is not having an overdose but has been using opioids, Narcan™ (naloxone) will put them into immediate withdrawal. This can be very uncomfortable for the person, but is not life threatening.

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Overdose Awareness Free Naxolone Training & Kits August 29, 2015 6:30-9pm, Firestorm Books 610 Haywood Rd.

Free Narcan Kits and Training Saturday, 8/29 6:30-9 at Firestorm Book Store at 610 Haywood Rd. Drop in for a few minutes and save a life. Narcan is treatment for opiate overdose that is safe, fast acting, and effective. Narcan is legal to give to anyone who has OD'd on Heroin, Fentanyl, Morphine, Oxy - most opiates. Life saving information and life saving medicine. If someone you love is an opiate user, you need to be there.   In preparation for International Overdose Awareness Day (8/31), the North Carolina Harm Reduction Coalition will be hosting a drop-in naloxone training. Kits will be distributed to participants at no cost. Naloxone (also known as Narcan®) is a medication called an “opioid antagonist” used to counter the effects of opioid overdose, for example morphine and heroin overdose. Specifically, naloxone is used in opioid overdoses to counteract life-threatening depression of the central nervous system and respiratory system, allowing an overdose victim to breathe normally. Naloxone is a nonscheduled (i.e., non-addictive), prescription medication.  Citizens who give Narcan to someone who has overdosed is protected from civil liability under the Good Samaritan Law which also protects users from prosecution when they call for medical aid. The North Carolina Harm Reduction Coalition (NCHRC) is North Carolina’s only comprehensive harm reduction program. NCHRC engages in grassroots advocacy, resource development, coalition building and direct services for law enforcement and those made vulnerable by drug use, sex work, overdose, immigration status, gender, STIs, HIV and hepatitis. Firestorm Books & Coffee
610 Haywood Rd, Asheville, North Carolina 28806
https://www.facebook.com/events/492684954221185/
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Asheville Police Text a Tip

Information from the community remains one of the most important tools officers use when cracking cases. Community policing, in the form of observations and tips, often offers the best set of eyes and ears a department has. That’s why the Asheville Police Department has many ways to make it easy and confidential to relay information to them. Text-a-Tip is the latest in a selection of opportunities for the community to report criminal activity and interact with the Asheville Police Department. The software, which enables tips through smart phones, already rivals the APD’s other tip lines in terms of volume. Since Text-a-Tip launched in July, the department has received 58 tips over the system, says APD Sgt. Michael Lamb, and the information has resulted in several arrests and drug seizures. “It’s a way to give us information in almost real time and at the same time remain completely anonymous.” Lamb says. “We need the eyes and ears out in the community. They know about things before we ever could.” The system allows people to text information to the APD through a third party provider, meaning the source of the tip remains anonymous. By texting and responding, the tipster and the officer can communicate back and forth. “This is technology that is comfortable and easy to use, especially for young people who are used to texting,” Lamb says. To use Tex-a-Tip, text “APDTIP” plus your message to 274637 (CRIMES) on your cell phone or mobile device (Note: standard rates may apply). A third party routes the message to an APD Criminal Investigations Supervisor who assigns it to the on-duty patrol commander. “We’re all set up for it,” Lamb says. “It goes straight to our smart phones.” Officers never see the phone number or identity of the person relaying information, and the tipster can end the conversation by texting “STOP.” Text-a-Tip is especially helpful when used alongside the mapping technology found atcrimereports.com that lets a viewer track calls for service around town and in their neighborhood. They can click on an icon and a window displays the type of crime under investigation. If the person has any information, he or she can report specifically about the incident through Text-a-Tip or on a personal computer through the WebTips link.   http://coablog.ashevillenc.gov/2012/11/texting-tech-helps-apd-get-community-crime-tips/ Read more "Asheville Police Text a Tip"

New Good Samaritan Law may be tested.

 Man drops off body at mission hospital.  His lips were blue. Every day in the United States, 113 people die as a result of drug overdose, and another 6,748 are treated in emergency departments (ED) for the misuse or abuse of drugs.[i] The State of North Carolina has recognized that sometimes the only people to witness an overdose are themselves using illegal drugs, and they may be afraid to call for help because they may get in trouble.  That is changing.  Good Samaritans have some legal protection in drug and alcohol overdose cases under a new law, as of April 2013 in North Carolina[ii].  If you witness someone experiencing an overdose from cocaine, heroin, or alcohol, and they need medical attention, call 911 for help and stay with them.  A new law that is designed to save lives, give protection to someone who acts in good faith to get medical treatment for someone experiencing a "drug-related overdose" meaning an acute condition, including mania, hysteria, extreme physical illness, coma, or death or conditions that a layperson would reasonably believe need immediate medical assistance.  The Good Samaritan shall not be prosecuted[iii] for misdemeanor drug possession, misdemeanor drug paraphernalia, felony possession of up to one gram of heroin or 1 gram of cocaine.  The same scheme applies to underage drinkers. When someone overdoses on opiates, including heroin, they may turn blue in their lips and nails, become unresponsive to screaming and shaking, stop breathing, have seizures and even die.[iv]  Sometimes they can be saved with an injection of Naloxone Hydrochloride, a fast acting opiate antagonist.  This law grants limited immunity to “anyone in a position to assist” who in good faith does assist by providing Naloxone to a person who overdoses on opiates. The related laws for underage drinking grant similar protections for underage drinkers who call for help for a friend who has drank too much, and needs medical help.  If you call for medical help under the good faith exception, you shall not be prosecuted for underage possession or consumption of alcohol. Bottom line, if someone needs immediate medical help, call for help.  When you call 911 for an ambulance, the police may come too.  The police may seize things they see in plain view that are contraband or illegal to possess, but at the end of the day, if you are a Good Samaritan acting in good faith to save someone from an overdose of heroin, cocaine or alcohol, you will not be prosecuted under the new laws.  Please tell your kids about this, they are the ones who are in real danger. Note: this is not blanket immunity from prosecution of all crimes.  The police will still do their job.  This new law gives limited immunity from some but not all drug crimes.  If you have questions, call us.  We are here to help. [i] http://www.cdc.gov/homeandrecreationalsafety/overdose/facts.html [ii] § 90-96.2 (possession of 1 gram or less of heroin, cocaine or related drug paraphernalia ) and§ 18B-302.2 (underage alcohol possession/consumption) [iii] http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S20v7.pdf [iv] Wikipedia Opioid Overdose Contact us. [contact-form subject='blog contact'][contact-field label='Name' type='name' required='1'/][contact-field label='Email' type='email' required='1'/][contact-field label='Comment' type='textarea' required='1'/][/contact-form] Read more "New Good Samaritan Law may be tested."