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Michigan House bill would give amnesty for prescription drug emergencies

October 18, 2015
<p>The Capitol dome on Aug. 22, 2014.&nbsp;</p>

The Capitol dome on Aug. 22, 2014. 

Photo by Ray Wilbur | The State News

The bill would protect those under the age of 21 from prosecution for possessing prescription drugs if they are seeking medical assistance for themselves or someone else facing a medical emergency because of prescription drug use. The bill will have to be approved by the Senate next.

Rep. Al Pscholka (R-Stevensville), the primary sponsor of the bill, anticipates it to pass and be signed by the governor before Christmas.

According to a report from Michigan Department of Community Health released in 2014, from 1999 to 2012 unintentional drug overdose deaths in Michigan increased from 235 to 941 per year.

Pscholka cited an instance in his community in which a 16-year-old boy died of overdose on prescription drugs. His friends were afraid of getting in trouble with the law and chose not to call for help as he was having a seizure.

The boy died at a “Skittles Party” during which prescription drugs are randomly chosen from a bowl and swallowed by participants. Parties as such are occurring around the state, frequently on college campuses, Pscholka said.

According to current state law, “a person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless obtained directly from a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise.”

Punishment for violation of the current law ranges from imprisonment for no more than four years, a fine of no more than $25,000 or both for possession of 25 grams or more, but less than 50 grams of any mixture containing a controlled substance to imprisonment for life or any term of years, a fine of no more than $1,000,000 or both for possession of 1,000 grams or more.

The bill was widely supported with 12 Democrat and 20 Republican co-sponsors.

“Everyone thought it was a good idea and a step that we (ought to) take in Michigan,” Pscholka said.

Ingham County Health Officer Linda Vail agreed the bill is a step in the right direction, but said she hopes the bill is only the start due to a number of issues it fails to address.

Vail said she wishes the bill would grant amnesty to a larger population and that it ignores other drug-related issues in the state.

“We also have an illegal drug use and abuse issue with heroin on the streets and we kind of bypassed that and the other thing is what happens when you are 22 or 24 (years of age)?” Vail said.

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