Articles Posted in Drug Offenses

FENTANYL MAKES FOR GRIM STATISTICS AS WE CLOSE OUT 2016

Prince was one of thousands of people who died last year after overdosing on fentanyl. The number of deaths attributed to fentanyl overdoses is rising almost exponentially. Fentanyl, a potent synthetic opioid, is said to be from 50 to 100 times more potent than morphine and so powerful that heroin addicts report they can no longer get high off heroin after using fentanyl.   Developed over 50 years ago as a “safe alternative” to morphine, its purpose was to treat severe pain. And it is still prescribed, although strictly controlled, to treat cancer pain and as an anesthetic during surgery.

The New York Times recently reported that fentanyl fatalities are surpassing heroin fatalities in much of the country and as part of a national trend that is expected to continue. Drug overdose fatalities are increasing, in no small part due to the rise of fentanyl abuse. For the first time in New York City’s history, drug overdoses exceed 1,000 people in 2016 and half of those were a result of fentanyl. One addiction counselor aptly described fentanyl as “the serial killer of drugs.”

Not long ago, I wrote about the scourge of fentanyl , which is a powerful synthetic opiate sold on the black market as Norco. Fentanyl has been blamed for a rash of overdose deaths but recently the ante has been upped. As shocking as it may seem, a drug, which is 100 times more potent as fentanyl and 10,000 times stronger than morphine, is appearing on the black market. This drug, carfentanil, one of the most potent opioids ever developed, is used to sedate elephants and other large animals. But recently law enforcement agencies are finding that carfentanil is being mixed in with street heroin or even being passed off as heroin.

Carfentanil is so potent that veterinarians administering it typically protect themselves with face shields, gloves and other gear when preparing the medicine. According to the executive director of the American Association of Zoo Veterinarians, even on drop that inadvertently lands in a person’s eye or nose could be fatal. Although authorities are not sure of the source of the carfentanil showing up on the street, it is suspected that the source may be online sales by Chinese companies.

Some users apparently are looking for a high that can take them right up to the edge of death and that, law enforcement fears, will make this drug even more attractive. Others users may be unwitting victims of this drug as the nationwide heroin and opioid epidemic has resulted in many addicts just looking for a “fix” and they may not be aware that they are getting a powerful and far more dangerous drug. The emergence of fentanyl and carfentanil are beginning to make heroin seem almost safe in comparison. Addiction experts even fear that these more potent drugs will push heroin off the market, eventually resulting in increasingly dangerous overdoses and deaths.

Often the drug Norco, a combination of acetaminophen and hydrocodone, is prescribed for pain. Perhaps you or someone you know has been prescribed Norco following surgery or to treat a chronic condition. You may also know that Norco and similar pain relievers containing hydrocodone can be abused and can cause the user to become dependent on the drug. Hydrocodone is highly addictive and the abuse of Norco and other drugs containing hydrocodone has become a serious drug problem in the United States. In August of 2014, hydrocodone was up-scheduled from a Schedule III drug to a Schedule II drug. A Schedule II drug such as Norco may still be prescribed by a doctor but with the warning that these drugs have a high potential for abuse and may lead to severe psychological or physical dependence.

Unfortunately, many people in the United States have become addicted to Norco after having been legitimately prescribed this pain-killer. Others have become addicted after buying it on the street and using it recreationally. And because doctors are often reluctant to prescribe prescription pain-killers, some people resort to the black market to self-treat their chronic pain. It is dangerous enough to take this drug without a doctor’s oversight but the danger has been amplified by the illegal sales of a powerful synthetic opiate analgesic, fentanyl, which is being illegally sold on the black market as Norco. The street fentanyl, which is also a pain-killer, is similar in appearance to Norco but is far more potent than Norco. In fact, fentanyl is so powerful that it said to be 50 times more powerful than heroin. While fentanyl is legally prescribed in this country for severe pain, the DEA suspects the black market fentanyl is manufactured in China and smuggled through Mexico by the Mexican drug trafficking cartels.

The fake Norco caused six deaths and 22 overdoses in Sacramento County in just one week this past March. Since then and as of this writing there have been three more deaths in that county and 20 additional hospitalizations related to the counterfeit Norco pills. While the news broke in Sacramento County, the DEA is now issued a public safety alert regarding the fake Norco.

IS COERCED TREATMENT FOR SUBSTANCE ABUSERS THE RIGHT APPROACH?

A recent study that has garnered a lot of attention is the finding by two Princeton economists, one a Nobel prize winner, that there is what has been termed an “epidemic” of substance abuse by middle-aged white Americans. In fact, the study found that for white Americans aged 45 to 54 with no college education, the increase in deaths attributed to substance abuse, which includes alcohol, heroin and prescription opioids increased at an extraordinary rate from 1999 to 2014. The debate swirls around the causes of this increase but of more pressing concern is how to abate this phenomenon.

Enter Massachusetts Governor Charlie Baker. In that state, 1,200 people died from drug overdoses in 2014. Addressing what has been termed a “brutal opioid epidemic” in his state, Governor Baker has proposed legislation that would give hospitals authority to force treatment on drug addicts who are a danger to themselves or others. The legislation, if signed into law, would be similar to Massachusetts statute that permits the commitment of mentally ill individuals, often against their will. The proposed legislation would give hospitals the power to hold addicts for three days, against their will, in order to evaluate them. If the hospital determines that a longer commitment is needed, the proposed law would allow the hospital to seek legal permission to hold the addict for a longer commitment. The law would apply not only to drug addicts but to those addicted to alcohol as well. Massachusetts already has a law that allows families, police officers, and doctors to seek 90-day civil commitments for addicts who pose a serious risk to themselves or others, but this new law would up the ante for what is called “coerced treatment” by shifting the focus and authority to the hospitals.

Possession Of A Controlled Substance Now A Misdemeanor

In California, possession or a controlled substance use to be a “wobbler” meaning that it could be filed as either a misdemeanor or a felony, depending on the type of drug and other circumstances surrounding the arrest and prior criminal history. However, since the passage of Proposition 47, possession of a controlled substance is now a misdemeanor and although not as serious as a felony, being convicted of a misdemeanor drug offense can carry serious, long-lasting consequences.

I have been practicing criminal defense law in Orange County for more than 20 years and have gained extensive knowledge in defending possession cases. Knowing how the district attorney and police agencies build their cases has given me a great advantage in defending my clients and minimizing the consequences if convicted.

One of the most important pieces to the defense of a possession case is the actions of the law enforcement officer who first came in contact with my client. It is my job to review all discovery, looking for mistakes, inaccuracies and even blatant disregard for the law, on the part of the officers involved. It is not uncommon for officers to violate the law when it comes to search and seizure and it is my job to identify when this has happened.

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