A bill granting immunity from drug possession charges to those assisting potential heroin overdose victims or reporting incidents to 911 passed a committee in the state’s Legislature Jan. 9. The bill comes on the heels of other legislation currently under consideration that would allow the same legal immunity to underage drinkers seeking emergency medical services.
These laws are commonly referred to as “Good Samaritan laws,” as they allow bystanders to help in times of need without fear of prosecution.
Good Samaritan overdose laws are necessary to ensure that the value and preservation of life reign supreme over the fear of legal repercussions. The legal protection they offer to those acting to save their own lives or the lives of others is a common sense measure that should encompass all forms of addictive drugs, including underage alcohol consumption.
In the past, these laws have been shown to have a profound impact on the willingness of bystanders to call for help in the event of an overdose. In a preliminary study, the University of Washington researched the effects of the “911 Good Samaritan Overdose Law” on the behavior of opiate users in the state of Washington. It found that 88 percent of opiate users were more likely to call 911 during future overdoses after gaining awareness of the law. The study targeted heroin users due to the high prevalence of overdoses by users of the illicit drug.
Opponents claim the laws grant criminals a “get-out-of-jail-free card,” and in some sense this is true. The promise of a get-out-of-jail-free card saves lives rather than endangers them, and that is a distinction we need to be willing to make. It’s also important to note, good Samaritan laws do not grant legal immunity from charges other than drug possession, meaning dangerous criminals can still be convicted on other charges.
Furthermore, the fears of opponents seem to have little foundation as the previously mentioned study also failed to find any downsides to the law. “Despite lingering concerns about the possible negative consequences of the new law, such as prosecutions being impeded, no evidence of negative consequences has been found to date,” according to the study.
All states should have Good Samaritan overdose laws. Especially Wisconsin, where drug-related deaths have been trending upwards for several years. According to the Wisconsin Department of Human Services, the number of drug-related deaths nearly doubled from 2002 to 2010. In addition, the Wisconsin Department of Justice reports that heroin usage in the state of Wisconsin rose 50 percent in 2012 alone. These figures offer ample reason as to why Good Samaritan overdose laws need to be implemented within state borders as soon as they can be passed.
Good Samaritan laws have been found to be extremely effective, but according to the Drug Policy Alliance only 14 states and the District of Columbia have passed any form of these beneficial policies into law. Wisconsin should be next to add common sense Good Samaritan overdose laws to the books for all forms of addictive drugs as well as underage alcohol consumption to ensure people do not lose their lives for fear of a drug possession charge.
Madeline Sweitzer ([email protected]) is a freshman majoring in political science and intending to major in journalism.
