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NCSL Substance Abuse Snapshot

Allison Colker, Editor
Matthew Gever, Contributor

April 15, 2007

In This Snapshot: Emerging Issues New Mexico Law Provides Limited Immunity for People who Report Drug Overdoses New Mexico Passes Medical Marijuana Law California to Tax Medical Marijuana Coordination Lacking in New Hampshire Substance Abuse Services Maryland Bill “Mackenzie’s Law” Addresses Inhalant Abuse

Emerging Issues

New Mexico Law Provides Limited Immunity for People who Report Drug Overdoses

New Mexico Gov. Bill Richardson has signed SB 200, the "911 Good Samaritan" bill, which provides limited immunity from prosecution for individuals who call 911 to get help for a drug-overdose victim.  The bill—the first of its kind to be enacted in the U.S.—shields overdose victims and friends and family members from drug-possession charges when police or emergency personnel respond to a 911 call reporting an overdose.  New Mexico's overdose rate is the highest in the nation.

New Mexico Passes Medical Marijuana Law

New Mexico is now the 12^th state to legalize marijuana for medicinal purposes, and the fourth state to do so legislatively. Gov. Bill Richardson signed SB 523 into law, making him the first presidential candidate from the two major parties to openly endorse medical marijuana. The law charges the Department of Health to develop a system to distribute the marijuana to authorized patients. The state is solely responsible for growing and distributing all medical marijuana (other states sometimes allow for the patient or a primary caregiver to grow the substance). The bill was initially defeated by the House, but was reconsidered after an amendment was added which states that the product could not be distributed within 300 feet of a church school or day-care center. “This bill will provide much-needed relief for New Mexicans suffering from debilitating diseases while including the proper safeguards to prevent abuse,” said the Governor in a statement.

California to Tax Medical Marijuana

The California Board of Equalization is now requiring sellers of medical marijuana in the state to pay sales taxes on its product. The Board sent out notices in February alerting retailers that sales of marijuana in the state generally subject to tax and that they are required to hold a seller's permit. Medical marijuana advocates have mixed reviews of the decision. Some fear this can open up the door to more federal prosecutions, while others believe it will give sellers more legitimacy. The board has the authority to collect taxes going back eight years. Medical marijuana has been available in California since 1996 when voters passed Proposition 215. Currently, 150-to-200 retailers operate in the state.

Coordination Lacking in New Hampshire Substance Abuse Services

A variety of drug and alcohol treatment services exist in New Hampshire, but those organizations rarely communicate with each other, according to a new report from a task force of State agencies. Alcohol and/or drugs have been found to be a factor in at least half of all sexual assault cases; it is estimated that 80 to 85 percent of all prisoners have alcohol or other drug problems; and alcohol was involved in 36 percent of New Hampshire’s fatal automobile accidents. One task force recommendation is that the State work with research institutions to incorporate best medical practices into programs to prevent and treat substance use disorders. It is unknown how much the recommended changes will cost, although the House of Representatives’ budget for next year would increase funds for alcohol treatment by $3 million. “I have been working on the problems associated with substance use for over 30 years and this is the first time that the State as a whole, not just a single department, will have a guiding document in tackling substance use problems,” said Joe Diament, chairman of the Governor's Commission on Drug Abuse Prevention, Intervention and Treatment.

Maryland Bill “Mackenzie’s Law” Addresses Inhalant Abuse
Submitted by Harvey Weiss, Executive Director, National Inhalant Prevention Coalition

Inhalant abuse continues to jeopardize the futures of Maryland’s youth. Parents and school drug prevention programs often emphasize the harmful effects of alcohol and tobacco, minimizing or neglecting the critical discussion of inhalant abuse.

The Partnership for a Drug-Free America reports that only four percent of parents believe their child has tried inhalants, yet twenty-two percent of children between 6^th and 8^th grade have tried inhalants. In 2005, they reported an eighteen percent increase of inhalant abuse among 8^th grader students and a forty-four percent increase of inhalant abuse among 6^th grade students. “It is clear that this generation of pre-teens and especially their parents have a lot to learn about the lethal nature of inhalant abuse,” stated Stephen J. Pasireb, President and CEO, The Partnership for Drug-Free America.

Hundreds of household products can be abused by “sniffing” or “huffing” them to achieve a high. The most commonly abused products can be found in the home or local convenience store, making easy access a serious issue.

To address this rising issue of inhalant abuse, Delegate Tawanna P. Gaines introduced House Bill 1372, entitled, “Mackenzie’s Law.” The legislation requires the State Superintendent of Schools, in collaboration with the Department of Health and Mental Hygiene, to establish and promote in schools an information, awareness, and education campaign related to the growing epidemic of inhalant abuse.  In addition, HB 1372 requires the State Board of Education to submit a report to the General Assembly detailing statistics on inhalant abuse, the steps their campaign is taking to inform and educate youth, and the degree to which inhalant prevention is included in the health education program.

Mackenzie’s Law is supported by the Family Health Administration and Alcohol and Drug Abuse Administration within the Department of Health and Mental Hygiene. The Governor’s Office for Children and National Inhalant Prevention Coalition also voiced support for this legislation.

The Senate passed Mackenzie’s Law unanimously with two clarifying amendments and sent it to the House Chamber for final passage. 

If signed by the governor, this legislation will take effect July 2007.

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