Changes to Improve Public Health Anna Stein JD MPH NC Division of Public Health NC AIDS Action Network Building Power Across the Spectrum 2021 Good Samaritan Law NCGS 90962 Immunity against prosecution not arrest or charge ID: 933740
Download Presentation The PPT/PDF document "NC Harm Reduction Policy:" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
NC Harm Reduction Policy:Changes to Improve Public Health
Anna Stein, JD, MPHNC Division of Public Health
NC AIDS Action Network
Building Power Across the Spectrum 2021
Slide2Good Samaritan Law (NCGS § 90-96.2)
Immunity against prosecution (not arrest or charge)Covers prosecutions for paraphernalia and for certain drug possession chargesMisdemeanor possession Felony possession of heroin <1 gramFelony possession of cocaine <1 gramPerson calling must have reasonable belief that they are the first one calling for helpPerson calling must give own name to 911 or law enforcement Protects person calling for help and overdosed person2
Slide3Changes Needed to Good Samaritan LawAdd protection from arrest
and charge instead of just prosecutionAdd protection for other people at the scene besides the callerClarify that a person can call for help on their own behalfGive immunity for all possession chargesDo not limit to particular drug typesDo not set limits on weightHB 852, introduced in 2021, accomplished these goals but did not make it out of committee in spite of advocacy by the NC AIDS Action Network, the NC Harm Reduction Coalition, and DHHS, among othersAdvocates would also like to provide immunity from charges under the Death by Distribution Law (NCGS § 14-18.4)Currently only Vermont has expansive immunity protections in its Good Samaritan Law , including immunity for Death by Distribution3
Slide4Syringe Exchange Law (NCGS § 90-113.27)
Law currently provides immunity for employees, volunteers, and participants of syringe services programs (SSPs) for:“Needles, hypodermic syringes, or other injection supplies obtained from or returned to a program”“Residual amounts of a controlled substance contained in a used needle, used hypodermic syringe, or used injection supplies obtained from or returned to a program”4
Slide5Changes Needed for SSP WorkModify NCGS § 90-113.27 to give immunity for possession “drug use supplies” distributed by SSPs (e.g. pipes, straws) rather than just “injection supplies”
This would allow SSPs to make connections with people who use non-injected drugs, including communities of color which may be missed with a focus only on injected drugsImproved connections to people who use non-injected drugs would increase their access to health care; SSPs are sometimes the only connection a person who uses drugs has to health care5
Slide6Changes Needed for SSP WorkAlternatively, instead of changing the SSP law, change the paraphernalia law (NCGS
§ 90-113.22) to decriminalize possession of paraphernalia designed to introduce drugs into the body Example: The District of Columbia decriminalized possession of drug paraphernalia for personal useNC’s paraphernalia law currently decriminalizes one type of paraphernalia (testing equipment, e.g. fentanyl test strips) for personal use and allows its distribution by community groupsCould broaden law to allow community groups to distribute paraphernalia designed to introduce drugs into the body (which would include non-injection supplies)6