Corey Davis

Drug overdose continues to claim the lives of tens of thousands of people in the U.S. every year. Opioids, both prescription painkillers and street drugs such as heroin and illicitly manufactured fentanyl, are responsible for the majority of these deaths. In response, states have passed legislation to increase access to the opioid overdose reversal medication naloxone, including provisions that allow for the distribution of naloxone through pharmacies. Some states have gone further and now require that naloxone be prescribed or offered to some patients. This fact sheet describes those requirements and links to the relevant laws.

Contaminants including fentanyl and fentanyl analogs are now present in the illicit drug supply throughout the U.S. Because no safe supply of most illicitly used drugs is available, helping people determine what is in the drugs they obtain can be an impactful harm reduction intervention. The easiest and most inexpensive way to accomplish this is often through use of fentanyl test strips and xylazine test strips. This resource outlines the legality of drug checking equipment in 50 states and the District of Columbia.

The major opioid settlement agreements generally do not address “supplantation,” the practice of using settlement funds to support an existing initiative rather than starting or investing in new initiatives.  Some states have enacted laws, rules, or guidelines that restrict or prohibit such supplantation. This fact sheet provides a description and brief analysis of how various states are addressing this issue.

Overdose Good Samaritan laws, which generally provide limited protections from arrest or prosecution for drug-related crimes, have been passed in most states. The limited protection these laws offer is often insufficient. A recently passed law in Maine that provides immunity from all but a small number of crimes, while not perfect, is a step towards improving the effectiveness of these laws.

This fact sheet provides information on Pennsylvania's Act 139, which provides limited immunity to overdose victims and bystanders that seek medical help, and increases accesss to naloxone, a drug that can reverse the effects of an opioid overdose.

This survey of state laws outlines how the legal landscape in each state may affect access to harm reduction services and supplies.

In the U.S. there is considerable variation in the presence and specifics of laws regarding drug paraphernalia, naloxone access, and protections for people who call for help in an overdose, and these laws have changed over time. This webinar is designed to reduce confusion around harm reduction laws in the U.S. and help individuals and organizations better understand how the legal landscape in their state may impact access to harm reduction services and supplies and emergency medical assistance in an overdose.

State laws that make it illegal to distribute or use items such as sterile syringes and smoking equipment have resulted in near record levels of drug overdose, hepatitis C infections and injection-related endocarditis due to the sharing of injections and inhalation supplies. Many advocates and observers, including members of the Network’s Harm Reduction Legal Project, have long advocated for the complete repeal of these harmful laws. Minnesota recently became the first state to do so.

This resource summarizes the characteristics of naloxone access and Good Samaritan laws in 50 states and the District of Columbia.

The “War on Drugs” could better be described as a “War on People.” In addition to obvious negative impacts such as incarceration and increases in drug-related harm, this “War” also leads to collateral consequences that can last for years —or even a lifetime. Collateral consequences are legal barriers resulting from a person’s conviction in addition to incarceration, parole or probation, and fines and fees.

This resource summarizes the characteristics of naloxone access and Good Samaritan laws in 50 states and the District of Columbia.

Unlike how they regulate the far more deadly drug products tobacco and alcohol, states overwhelmingly continue to treat individuals who use illicit drugs as criminals, and state law is oriented towards arresting, prosecuting, and incarcerating them. A few states, however, have made more significant changes, and some have made less drastic but still important changes.