It is no secret that the overdose epidemic has reached massive proportions. CNN reports that in Louisville alone in one 32-hour period there were 52 overdose calls, compared to 25 in the same time frame the previous week. There were more than 695 overdose calls in January, averaging 22 a day.

The New York Times takes the report even further. Overall in Louisville, there were 6,879 EMS calls for overdoses in 2016, compared to 4,642 the year before. The news is no better in the rest of the commonwealth, as the Times reports Kentucky is one of the top five states in the United States for overdose deaths, ranking only behind West Virginia and New Hampshire with 29.9 overdose deaths per 100,000 residents. Overall in 2014, 1,071 people in total died from overdoses, and in 2015 the number climbed to 1,248. The numbers have increased since then.

There are multiple causes for the overdoses, but the root starts with addiction. One common path is for individuals who have been injured or disabled to be given an opioid prescription to overcome pain. Unfortunately, in the course of the prescription, the person becomes addicted. When the prescription runs out, their choice is to purchase opioids on the black market. However, unlike the measured dosage of the prescription, they must use trial and error to find a dosage that works. As the human body builds a tolerance to opioids. It takes more and more to achieve the desired effect. As a result, eventually the user hits a limit, the human body shuts down and, without medical intervention, dies. The situation of users who have become addicted from a job injury and who originally had a legitimate prescription brings up many legal questions — Who is liable for treatment? Can the insurance company be held liable, or the doctor? The Kentucky Office of Drug Control Policy also points to another reason for drug deaths. In 2010 and 2011, OxyContin and Opana, two opioid painkilling drugs which fueled the previous opioid epidemic, became reformulated and more difficult to crush and snort or otherwise abuse. As a result, former addicts turned to heroin, which, again, is much more dangerous and less predictable.

Whatever the cause, the epidemic has continued to worsen in Kentucky. An additional issue is the addition to heroin of a synthetic drug named Fentanyl, generally used as anesthesia. As Fentanyl has been produced in home laboratories, users are again unsure of what doses they are receiving.

Kentucky has both state and federal programs in place to help combat opioid addiction. However, for the common user, there are serious legal ramifications if they choose not to seek help and are caught. Heroin is a Schedule I drug and is illegal under both state and federal laws which prohibit possession, sale, trafficking and cultivation. Sentences vary according to the circumstances of the crime and which laws were violated, and use the following guidelines:

Code Section	Kentucky Revised Statutes 218A.010, et seq.: Controlled Substances
Possession	Class D felony; Subsequent offense: Class C felony
Sale	Class C felony; Subsequent offense: Class B felony; Selling to minor: Class C felony 1st offense: Class B subsequent offense
Trafficking	First offense: Class C felony; Subsequent offense: Class B felony; Within 1000 yds. of school: higher penalty

Source: Kentucky Legislature

Multiple resources have been put in place to help combat the drug’s uses and subsequent overdoses, from the community to the federal level. However, some programs seem to have little effect, and the for the common person who has been injured or made poor choices leading to addiction,  the outlook is grim.

Dan Carman & Attorneys, PLLC are a network of criminal defense attorneys located throughout the state. If you have questions or seek a consultation, contact us at 859-685-1055 or through our website.