Increased Penalties For Drug Offenses Passes House Of Delegates

Penalties will increase for drug-related offenses if the Senate concurs with changes made to Lauren’s Law by the House of Delegates.

Lauren’s Law passed the House of Delegates Friday with only one lawmaker voting against its passage.

Senate Bill 196 would raise criminal penalties for drug trafficking offenses, and is named after Lauren Cole, a 26-year-old Morgantown resident who died after ingesting drugs laced with fentanyl.

Cole’s parents were present in the Senate when the bill passed that chamber with Sen. Joey Garcia the only vote against its passage.

“We’re raising criminal penalties every single session, every single session, with the idea that there’s going to be this deterrence, and that deterrence is not getting over with people, these things don’t deter people,” Garcia said on March 11.

Proponents like Sen. Mike Deeds, R-Greenbrier, the lead sponsor of the bill, call it a “line in the sand” to keep manufacturers from distributing their illegal supplies in the state.

“Just to put this in perspective for all of us, 12 pounds of uncut fentanyl has the potential to kill 2.7 million people,” Deeds said that same day. “Our population in West Virginia is not quite 1.8 million citizens. It’s clear that we need to draw a line in the sand and protect our borders here in West Virginia, clear that every family, every child, every citizen of West Virginia has felt the impact of drug sales.”

The bill was amended earlier this week in the House’s Judiciary Committee to add clarifications around what constitutes drug delivery and to more explicitly target wide-scale drug traffickers.

Delegates Mike Pushkin and Hollis Lewis, both Democrats from Kanawha, questioned Del. J.B. Akers, R-Kanawha, in his capacity as the chair of the House’s Judiciary committee, about the broader implications of language in the bill.

“I know who we’re trying to go after here, and I fully support that you’re trying to go after big fish [but I] think when you cast such a wide net, you’re going to catch some little fish as well,” Pushkin said.

The offenders who sold Laura drugs laced with fentanyl in July 2020 were sentenced to 15 years in prison under current law. The bill would change the state’s penalties to sentence dealers to decades in prison for trafficking the same amount of drugs.

Opponents have also voiced concern about the law dampening judicial discretion during sentencing by mandating a certain amount of jail time instead of having the option to send a defendant to a recovery program or home incarceration.

“When we did this before, at a federal level, particularly in the early 90s, sort of the mandatory minimum mindset didn’t really work,” Lewis said while questioning Akers.

Akers said he disagreed, and that his committee added language to target large-scale operations instead of “street-level users,” and added language to allow judges discretion in their rulings by making mandatory minimum sentences aimed at “kingpins.”

“We have placed that back into [the] discretion of the circuit court judges that people who are actually street-level users will qualify for probation, potentially, or drug court,” Akers said. “So we’re seeking a balance here. This bill is aimed at high-level dealers, and that’s what the language clearly reflects.”

Lauren’s Law targets six drugs: fentanyl, methamphetamine, PCP, LSD, cocaine and heroin.

For the six targeted drugs, the penalty would be increased for the manufacture, delivery, possession with intent to deliver, transportation of drugs into West Virginia, and conspiracy to do any of the above. Other drug penalties are also increased, as well as limitations to probation authorization for certain offenders.

Anyone guilty of transporting one of the six listed substances into the state would also face stricter penalties if this law is enacted, up to 30 years for more than five grams of fentanyl.

The Senate has until midnight Saturday to concur with the House’s changes to the bill.

W.Va. Overdose Death Rates Fall By 38%

The opioid epidemic’s hardest-hit state in the union continues to outpace the nation’s declining overdose death rate.

The most recent available data from the Office of Drug Control Policy (ODCP) shows a 38% decrease in overdose deaths in West Virginia from January to July 2024, compared with the same period in 2023.

West Virginia has led the nation in overdose death rates for a decade with a peak of 77 overdose deaths per 100,000 people in 2021. According to a 2023 report from the State Unintentional Drug Overdose Reporting System, the state saw 1,453 overdose deaths that year.

The West Virginia Department of Human Services (DoHS), alongside the ODCP, announced the continuing decrease on Thursday, citing their ongoing prevention and treatment efforts as a contributing factor.

“We are seeing real progress in reducing overdose deaths, a direct result of our ongoing, data-driven efforts,” said Dr. Stephen Loyd, director of the DoHS ODCP. “By continuing to focus on prevention and treatment strategies under Governor Morrisey’s leadership, we are committed to furthering this success.”

According to data collected from August 2023 to August 2024, West Virginia’s drug overdose death rate declined by nearly 28%, outpacing the nation’s 21% decrease.

This data is provisional, meaning these are not finalized figures for the year. However, state officials don’t expect the decrease to fall below 31%, even with pending autopsies.

PEIA Hearings Continue And A Look At The Legacy Of Marshall Memorials, This West Virginia Morning

On this West Virginia Morning, every Nov. 14, Marshall University and the Huntington community have remembered and honored the 1970 football team, and all of the 75 who perished that year in a plane crash. For more than half a century, these annual memorial events have honored revered memories, but they have also inspired a legacy of positive personal and physical growth. 

Also, in this show, PEIA continues to hold hearings across the state over proposed price increases that would take effect next summer, the state Supreme Court rules on football playoffs and an Elkins residential facility for children in foster care is slated to close by the end of the year.

We also have stories on a continued fall in West Virginia’s drug overdose death rate, a pollution lawsuit ends in a hung jury and a land grant university gets an agricultural laboratory.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.

Maria Young produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

W.Va.’s Overdose Death Rate Decline Surpasses The National Rate

West Virginia’s drug overdose death rate continues to fall, even faster than it is nationwide.

Fewer people in West Virginia are dying from drug overdoses, according to new figures from the state’s Department of Human Services (DoHS) and Office of Drug Control Policy.

The data released Tuesday shows a 36 percent drop in fatal overdoses in West Virginia from January through May of this year, a further decrease from last month’s numbers.

“We are proud of the headway we’ve made as it’s a testament to the efforts of our dedicated teams, community partners, and health care providers,” said Christina Mullins, DoHS deputy secretary for mental health and substance use disorders. “Every life saved reinforces our commitment to enhancing and expanding prevention and treatment services across the state.”

West Virginia’s overdose deaths are declining faster than the national rate. West Virginia had an 18 percent drop from July 2023 through June 2024, while the national drop was 14 percent. 

West Virginia has led the nation in overdose death rates for a decade with a peak of 77 overdose deaths per 100,000 people in 2021.

In October, the two groups announced provisional data comparing the first four months of 2023 to the same period in 2024 for the state which showed a 34 percent decrease in overdose deaths.

This data is provisional, meaning these are not finalized figures for the year.

According to DoHS’s press release, the decrease is not expected to fall below 28 percent even with pending cases.

W.Va’s Overdose Death Rate Continues To Fall

Early data shows West Virginia’s overdose death rate is continuing to decline, following national trends.

Early data shows West Virginia’s overdose death rate is continuing to decline, following national trends.

West Virginia has led the nation in overdose death rates for a decade with a peak of 77 overdose deaths per 100,000 people in 2021. According to a 2023 report from the State Unintentional Drug Overdose Reporting System (SUDORS), the state saw 1,453 overdose deaths that year.

In September, the Department of Human Services (DoHS) Office of Drug Control Policy (ODCP) announced provisional data for the state showed a 28 percent decrease in overdose deaths.

On Wednesday afternoon they announced data from the first quarter of 2023 compared to data from the same period this year, shows a 34 percent decrease in overdose deaths.

This data is provisional, meaning these are not finalized figures for the year. However, state officials don’t expect the decrease to fall below 25 percent, even with pending autopsies.

“We’re proud of this progress, but this is not a victory lap. It’s a reminder of how far we’ve come and how much more we need to do,” said Christina Mullins, DoHS deputy secretary of Mental Health and Substance Use Disorders. “Every life saved matters, and we will keep expanding prevention and treatment programs to ensure that the overdose death rate keeps dropping.”

Dr. Stephen Loyd, director of the DoHS ODCP, said the decline is a promising sign, but not a signal to let up.

“We are not backing off, we are doubling down,” Loyd said. “The fight to save lives continues. We’ve seen improvements, but our mission is far from complete. We are pushing forward, expanding access to naloxone, treatment, and other critical resources to drive this number down even further.”

In Wednesday’s press release, state officials attributed the decrease in overdose deaths, in part, to increased distribution of Naloxone, an opioid overdose reversal medication. According to DoHS, it has distributed 72,437 naloxone kits so far in 2024.

DoHS said it has also supplied the naloxone for Save a Life Day, a pilot project that began in Kanawha and Putnam counties in 2020.

By 2021, the project expanded to 17 counties, and then all 55 West Virginia counties participated in 2022.

Last year, all 13 Appalachian states participated, hosting more than 300 events and distributing more than 45,000 naloxone doses in a single day.

Four years after the project’s two-county start, 2024’s Save A Life Day events were held in every state east of the Mississippi River, and a few beyond.

According to the Charleston non-profit group that started Save A Life Day, Solutions Oriented Addiction Response (SOAR), 30,000 naloxone doses were distributed in West Virginia this year. A national tally is still being counted.

DoHS wants West Virginians struggling with substance use disorder to reach out to HELP4WV, a 24/7 helpline offering immediate assistance, confidential support and resource referrals.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

National Drug Czar Says Overdose Decreases Positive, But More To Do

Early Center for Disease Control (CDC) data shows a dramatic fall of 12 percent in overdose death rates across the U.S. in the last year. During the same period, West Virginia’s drug overdose rate fell almost 11 percent, nearly keeping pace with the nation.

To gain insight into this encouraging development, Appalachia Health News Reporter, Emily Rice, spoke with West Virginia’s own Dr. Rahul Gupta, the nation’s director of the Office of National Drug Control Policy (ONDPC). Here is that conversation.

The transcript below has been lightly edited for clarity. 

Rice: At the end of your statement, you say the decline in overdose deaths is both a beacon of hope and an urgent call to action. The advocates that I’ve spoken with here on the ground in West Virginia also see it as a call to action but are hesitant to celebrate these numbers because they are provisional and because they say one overdose death is still too many. So in speaking about the drug epidemic, how should we interpret this provisional data from the CDC?

Gupta: I think we should look at this in the same way we have always looked at this type of data. When President Biden and Vice President Harris took office in January of 2021 this similar type of data showed that drug overdose deaths were increasing at 31 percent year over year, 31 percent. And this is the reason that from day one, President Biden and Vice President Harris made it a top priority, and made historic public health and public safety efforts over those last four years to reduce our drug overdose deaths across the country. So now you look at this data, and we can see the latest version of data showing that 10 percent reduction in overdose deaths. This is, again, in the reverse direction of what we were seeing with this similar type of data of a 31 percent year-over-year increase. Now, having said that these aren’t just numbers. These are lives, and we didn’t get from the number of drug overdoses increasing by more than 30 percent year after year, to decreasing by accident. It has not been an accident. It is because President Joe Biden and Vice President Kamala Harris made this issue a top priority on day one, and set out to transform the way our nation approaches this epidemic through a whole of society response. So over the past year, the Biden/Harris administration has taken more historic action and made more unprecedented investments that I want to talk about than ever before, ever before in the history of this country to address this crisis head-on. 

You know, if you see the President’s 2022 strategy, it was very clearly outlined that if we have a clear strategy on policy, and we invest in those, we will see this type of progress. So this is why the president really looked at this and the vice president as how to best address two key drivers: One is untreated addiction. The other is the trafficking profits. On the untreated addiction side, under the leadership of President Biden and Vice President Harris, now we have removed decades-long barriers to treatment for substance use disorder. We’ve invested more than 40 percent more than the previous administration in funding for treatment in communities all across the country, especially in West Virginia. And we’ve expanded access to life-saving overdose medications, overdose medications like Naloxone, which is not only available over the counter but at the lowest price cost it has ever been in history. Now on the public safety side, we’ve seized more fentanyl at the port of entry in the last two years than in the past five years combined. We’ve also added more drug detection machines at the border to stop the flow of fentanyl, and sentenced hundreds of targets involved in drug trafficking, from the illicit Chinese chemical companies to drug cartels to their lawyers and enablers. And then we finally also work to strengthen the international efforts to disrupt the entire global illicit drug trade. So this progress that we’re seeing is important to take this milestone. But also remember, we have so much more work ahead, but at this point in time and history, we seem to understand what policies do work and why they have to be invested in. And this is exactly why the President and the Vice President are not going to stop. They have American’s backs, and they will continue to fight, both in Congress and with anyone that does not believe in the unity agenda, as Biden would say that this is not a red state or blue state issue. This is America’s issue, and we need to make sure that we are addressing this as a country together.

Rice: What do you think has been the most effective measure in decreasing overdose deaths that the Biden-Harris administration has implemented since January 2021? While I know it will take time more data and research to determine which substance use disorder initiatives were most effective, do you think some of those can be attributed to the ready availability of Narcan and Naloxone approved by the FDA, over the counter, etc?

Gupta: Well, certainly, I think there’s been a number of aspects, both on the public health and public safety side, that includes approving, as you mentioned, the overdose medications for over the counter purchase and making sure that they are affordable. So an historic investment in getting those life saving medications to the community no matter where you are. For instance, the State Opioid Response (SOR) and Tribal Opioid Response (TOR) programs have delivered nearly 10 million kits, 10 million kits of these overdose reversal medications to communities. We’ve convened the U.S. drug manufacturers who have FDA approval of overdose reversal medication through different ways and how they access and have the affordability to save more lives. We’ve also, in addition to expanding treatment access, we now have 15 times more providers across the country than we did before in the prior administration. We have also made sure that there is telehealth available for methadone in the long term, and the barriers to methadone is lifted. 

When you look at the prevention, the early intervention, and harm reduction approach that’s been the first time in the history of the United States that it has been federally, not only policy, but also been funded, then you look at treatment expansion in historic ways, and finally, the recovery we have been working to develop a recovery ready nation, through recovery ready businesses, all of these combined with historic seizures of fentanyl at the border and destroy the border having are separate but combined and integrated action that has worked, just as a strategy has mentioned, addressing those two key drivers of untreated addiction, as well as the drug trafficking process.

Rice: Speaking to your home state, one of the hardest, if not the hardest, hit by the opioid epidemic, what are some steps that can be taken by West Virginians working in prevention and treatment of substance use disorder to ensure overdose rates continue to fall?

Gupta: Well, thank you for asking that. I was just back home a couple of months ago, and we met with the One Box initiative….this goes back to the holistic approach. I mean, when they reminded me that when I was a commissioner, we had funded $120,000 for this program and now we’re seeing the graduates of this program, the work of the program, and have peer recovery support specialists become available. It is this type of work. And then we saw 13 new commitments to the White House challenge to save lives from overdoses from colleges and universities working across West Virginia. Then we also had meetings with local officials and representatives from the students and other bodies, as well as including police, schools, community and health and partnerships. So you know, it’s heartwarming for me to see that we are making progress in my home state, but at the same time, it is really important to understand those we have lost and learned from them, as well as leave no stone unturned to make sure that we’re saving the next life that we can save. So it’s important to put all tools in the toolbox in order to, you know, save every life possible that we can through these evidence based, data driven policies that have now demonstrated, there’s clear demonstration that you know what the agenda that Vice President Harris and President Biden set out to do is having a positive impacts for the state, but we have so much more work to do.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

Exit mobile version