Overdose law confuses local officials

YAKIMA, Wash. -- Local officials say they're not sure what to make of a new state law that grants some legal immunity to people who suffer a drug overdose or report one.

Gov. Chris Gregoire signed the measure into law Wednesday and it takes effect in June, making Washington the second state in the country to have an overdose immunity law. The first was New Mexico.

Under the measure, people who seek help for someone suffering a drug overdose will not face criminal prosecution for possession of drugs, but the person could be still be charged with the manufacturing or sale of drugs.

Senate Bill 5516 also exempts the person suffering the overdose from prosecution, along with anyone who might be prosecuted for drug use because medical assistance was called.

Lawmakers predicted the measure will save lives, but local officials questioned the practicality of the law and said drug charges stemming from an overdose are rare.

Yakima County Chief Criminal Deputy Prosecutor Ken Ramm said the only case he can remember dated to 1994, when a Yakima man was convicted of manslaughter for his wife's death from a cocaine overdose.

Although the defendant had delayed calling 9-1-1 and hid drugs and paraphernalia before an ambulance arrived, his conviction stemmed from evidence that he had injected his wife with the fatal overdose. Such an act would not be protected by the new immunity law.

"I don't want to see people die," Ramm said, "but in terms of law enforcement, it seems to have limited application."

Yakima police spokesman Mike Merryman said drug users are usually more concerned with their role in someone's overdose than a simple possession charge.

"We rarely show up at an OD where people have drugs on them," he said, adding, "It's not going to affect us in any way, frankly."

There have been 235 unintentional fatal drug overdoses in Yakima County since 1990, with the annual average hovering around 14 since the mid-1990s. The majority of victims, 82 percent, are white.

Statewide, there were 820 unintentional fatal drug overdoses in 2008, more than double the 403 in 1999, according to the state Department of Health.

Yakima County Coroner Jack Hawkins said drug users are frequently afraid of getting into trouble over an overdose, and said he supported immunity if that produces a quicker 9-1-1 call.

"Drug users aren't thinking very clearly anyway, but maybe if word gets out, it might save a life," he said.

One of the provisions in the law allows people, including health practitioners, to use the drug naloxone, which counteracts the effects of an overdose, without fear of prosecution if it's used to help a person suffering an overdose.

Supporters of the legislation said states need to do all they can to try ensure that people call 9-1-1 quickly when someone is having an overdose.

"We're going to save lives," Rep. Roger Goodman, D-Kirkland, told the bill's sponsor Sen. Rosa Franklin, D-Tacoma, after the bill signing.

"It might take the fear out of calling for help," Franklin said.

Sens. Curtis King, R-Yakima, and Jim Honeyford, R-Sunnyside, supported the bill, though no Republicans in the state House did. Sen. Janéa Holmquist, R-Moses Lake, didn't vote on the issue.

Don Pierce, executive director of the Washington Association of Sheriffs and Police Chiefs, said his group opposed the original bill introduced last year, but supported it this year after it was narrowed to ensure that those who supply drugs could still be prosecuted.

"What it came down to for us is that if it can save a few lives, it's worth it," he said.

Merryman questioned the importance of an immunity law.

"The Legislature is willing to grant immunity for ODs but won't give us more tools to fight the blight of gangs?" he said, adding, "Isn't that something? "

* Information from the Associated Press was used in this report.

Unintentional fatal drug overdoses in Yakima County

2009 -- 15

2008 -- 7

2007 -- 22

2006 -- 10

2005 -- 8

2004 -- 18

2003 -- 14

2002 -- 13

2001 -- 17

2000 -- 14

1999 -- 11

1998 -- 12

1997 -- 12

1996 -- 12

1995 -- 15

1994 -- 11

1993 -- 5

1992 -- 12

1991 -- 3

1990 -- 4

Since 2000, 83 percent of fatal overdoses in the county have been non-Hispanic whites

*Source: Yakima County Coroner's Office