More Resources Allocated to Combat Heroin; Increased Penalties Needed

New statistics from the State Department of Health show heroin and opioid-related deaths have increased 47% in New York over a five-year period, from 2010-2014. These increases are evident in Central New York. Tragically, in comparison to 10 years ago, data shows there’s been a tremendous increase in heroin and opioid related deaths in Jefferson, Oswego and Onondaga counties. For example, Oswego County reported there were no deaths related to heroin or opioids in 2004 but in 2014 there were 13. In Jefferson County, there was 1 death in 2004 but in 2014, there were 12. In Onondaga County, there was also 1 death in 2004 but in 2014, there were 37. Health officials indicate those numbers are on the rise.

My colleagues and I recently held a series of hearings across the state to gather input from cross sections of the community including health care providers, law enforcement, parents of addicted children, and individuals addicted to heroin. We heard testimony on the crippling effects of addiction, the cost to communities, and the cost to families. The state has taken some steps to treat this epidemic. This year the state budget included $24 million more for heroin and opioid abuse treatment, prevention and recovery support services.

This year’s budget also contained language that authorizes the Department of Health to implement a prior authorization process for doctors who prescribe more than 4 opioid prescriptions in a 30-day period for Medicaid managed care organizations. Certain individuals such as those in hospice care or those suffering with cancer or other diseases will be exempt.

While these are meaningful steps, more needs to be done to try and curb this epidemic. For starters, New York needs to make the criminal possession of fentanyl a felony. It is currently a misdemeanor. Heroin laced with fentanyl is known to be lethal. Law enforcement reports seizures of illegal drugs containing fentanyl more than tripled between 2013 and 2014. I support legislation that would target dealers who use fentanyl with the intent of enhancing another illegal substance such as heroin and increases the penalties for dealers and manufacturers. I also support another bill that would give law enforcement the tools they need to crack down specifically on dealers. Current law criminalizes the sale and/or possession of a controlled substance based on its weight. This legislation makes possession of 40 or more individual packets of heroin, regardless of their combined weight, presumptive evidence of a person’s intent to sell. A person caught possessing 40 or more packets of heroin is likely not possessing it solely for his or her own personal use.

There should also be a way for family members to admit loved ones suffering from addiction to treatment through a court procedure. During the heroin task force hearings we held, families shared stories of having to report their loved one’s addiction to law enforcement in hopes that the police will find evidence of illegal possession so they can be arrested and receive treatment through jail or by court order. Rather than having to go through this process, and creating a criminal record for loved ones, this new court procedure would work in conjunction with health care providers and parents/guardians or spouses to help treat the individual’s addiction.

We need to further limit the quantities of opioids prescribed for short-term pain by requiring the Department of Health to establish limits on the quantities of opioids that can be prescribed following certain medical procedures. All too often, individuals become addicted after receiving an opioid prescription for an illness or injury. While I-STOP helped stop patients from fraudulently obtaining multiple prescriptions of controlled substances from different doctors, it did not limit the amount of pills in a single opioid prescription.

Law enforcement, emergency responders, drug counselors and community members attest to the increase in overdoses and associated problems caused to individuals and families because of heroin. It is easier to access than in years past and reports indicate that is inexpensive. It was clear more than ever at the hearings late last year that more needed to be done. I’m pleased more resources have been dedicated to fighting this epidemic but I will continue to press for increased penalties against dealers and help for families who suffer with heroin and opioid addiction.

If you have any questions or comments on this or any other state issue, or if you would like to be added to my mailing list or receive my newsletter, please contact my office. My office can be reached by mail at 200 North Second Street, Fulton, New York 13069, by e-mail at barclaw@assembly.state.ny.us or by calling (315) 598-5185. You can also find me, Assemblyman Barclay, on Facebook.