Is Giving Someone Drugs Tantamount to Attempted Murder?

One man’s overdose turned into another man’s arrest this month. Found in the bathroom at the Digital Media Center at Louisiana State University, a 25-year-old man was in the throes of heroin overdose. He was found nonresponsive by Media Center staff with a needle in his arm, and they called for emergency medical assistance. A dose of Narcan, an opiate overdose reversal drug, was used, and the man began breathing again.

However, surveillance footage showed another man leaving the bathroom, a man identified by Media Center staff who allegedly gave the overdose victim the drugs that almost caused his death and did nothing to assist him, including call for help, when he overdosed. When arrested by Louisiana State University Police, he was arrested on felony drug charges as well as attempted second-degree murder.

Did the man who left the overdose victim unassisted in the bathroom commit a crime?

Supplier of the Murder Weapon

Essentially, the legal view in Louisiana and many other states is that the person who supplied the individual with the drugs that ended – or almost ended – their life is essentially a murderer or attempted murderer. Though every situation is different, if someone dies as a result of a drug overdose and it can be proven that someone gave them the drugs, that person may be charged. There is precedent for charging someone with murder who gave someone one of their prescription pills – that is, not a drug dealer per se but someone who just gave a friend a pill – if that pill then caused an overdose or was the cause of any accidental death.

Drug traffickers, however, are not charged with murder unless they can be connected directly to an individual’s death, even though the sale of their wares more than likely contributed to the destruction, if not end, of lives of end users.

In this case, it is unclear what the relationship was between the two men – drug dealer or friends – but regardless of the circumstances of why he may have supplied the person with the drugs that almost took his life, far more important is the fact that he may have left knowing that the person was experiencing an overdose and did nothing.

Law of Protection?

In many states, there are laws of protection for those who witness a drug overdose and call for medical assistance on behalf of that individual. They cannot be prosecuted for drug-related charges, even if they too are under the influence or in possession of drug paraphernalia or illegal drugs.

However, in Louisiana, the law reads:

“A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized for possession of a controlled dangerous substance under the Uniform Controlled Dangerous Substances Law if the evidence for possession of a controlled dangerous substance was obtained as a result of the person’s seeking medical assistance, unless the person illegally provided or administered a controlled dangerous substance to the individual.”

The last line of the law is key in this and many cases. It makes a clear distinction of who is protected and who isn’t. For example, at a party, if a few people are hanging out and one overdoses, other partygoers will be immune from prosecution if they call emergency medical professionals for assistance for their friend, even if they too are under the influence. However, if two people took pills from one of their prescriptions and the person who was not prescribed the drug overdoses, the one who gave them the pill will not be protected.

It is a significant issue that should be addressed. Though the intent is to ensure that drug dealers are not protected from the legal consequences of their crimes, there are a number of situations where individuals who may or may not be drug dealers may be forced to choose between their own sense of personal safety and the life of another, and especially if they too are under the influence, it puts the victim at significant risk.

Probable Cause?

According to the probable cause report, two men went into the bathroom and 10 minutes later the surveillance footage shows one leaving “in a frantic state.” When the victim was revived, he identified the man from the surveillance footage and reported that he had given him the heroin and that the two were using the drug together, each in his own stall. The report also stated that the door to the stall of the overdose victim was still locked when he was found, and that reporting officers believed this to be an indication that the man did nothing to help his overdosing friend.

The Argument Against Giving Someone Drugs

Those who argue that giving someone drugs is tantamount to attempted murder have a valid point. Drugs have the potential to cause serious harm to the human body, and in some cases, they can even be lethal. When someone gives another person drugs, they are essentially putting that person's life in danger.

Drug overdose is a real concern, and it can happen to anyone, even if they have never used drugs before. Giving someone drugs without their knowledge or consent is an act of recklessness that can result in serious harm or death.

The Argument For Giving Someone Drugs

On the other hand, some people argue that giving someone drugs is not tantamount to attempted murder. They believe that individuals have the right to make their own choices, even if those choices are harmful. They argue that it is not fair to hold someone responsible for another person's actions.

Moreover, the argument is sometimes made that giving someone drugs is not necessarily dangerous, especially if the person knows what they are taking. For example, a person who takes prescription medication under the supervision of a doctor is not at risk of an overdose.

Legal Implications

The legal implications of giving someone drugs are complex and depend on several factors, such as the type of drug, the amount of the drug, and the intent behind giving the drug. In some cases, giving someone drugs can be considered a criminal offense, and the person responsible can face serious charges.

For example, if someone gives another person a drug like fentanyl, which is known to be deadly in small doses, and that person dies, they can be charged with manslaughter or even murder. Similarly, giving someone a drug without their knowledge or consent can result in charges of assault or battery.

The Impact of Drug Abuse on Society and the Economy

Drug abuse not only affects individuals but also has a significant impact on society and the economy. According to a report by the National Institute on Drug Abuse, drug abuse costs the United States economy more than $740 billion annually in lost workplace productivity, healthcare expenses, and crime-related costs.

Drug addiction also contributes to increased rates of crime, homelessness, and domestic violence. It puts a strain on families and communities, leading to psychological trauma for loved ones.

Moreover, drug abuse is often linked with other social problems such as poverty and lack of education. This creates a vicious cycle where individuals turn to drugs as a way of coping with their circumstances.

In addition to the financial burden that drug abuse places on society, it also causes immeasurable emotional pain for those affected directly or indirectly by addiction. Therefore, it is essential that we address this issue through education, prevention programs, and treatment options for those struggling with addiction.

Addiction as a Disease

It is crucial to understand addiction as a disease rather than a moral failing. Addiction can happen to anyone, regardless of their background or personal beliefs. It is not a choice that someone makes but rather a disease that affects the brain and alters behavior.

Addiction changes the way the brain functions, making it difficult for individuals to control their impulses and resist cravings. This makes it challenging for people struggling with addiction to quit using drugs, even if they want to.

Moreover, treating addiction as a moral failing rather than a disease can lead to stigma and shame for those affected by addiction. This can prevent individuals from seeking help and support when they need it most.

Therefore, it is essential that we recognize addiction as a disease and offer compassionate care and treatment options for those struggling with addiction. By doing so, we can reduce the harm caused by drug abuse and help individuals recover and lead healthy lives.

The Role of Addiction Treatment Programs in Addressing Drug Abuse

Addiction treatment programs play a critical role in addressing drug abuse. These programs provide individuals struggling with addiction the tools and support they need to overcome their addiction and lead healthy, fulfilling lives.

Addiction treatment programs offer a range of services, including detoxification, counseling, behavioral therapies, medication-assisted treatments, and aftercare support. These services are designed to address not only the physical aspects of addiction but also the mental and emotional aspects.

Detoxification is often the first step in addiction treatment. It involves removing drugs from a person's system under medical supervision to minimize withdrawal symptoms and ensure safety. Counseling and behavioral therapies help individuals identify the root causes of their addiction and develop coping mechanisms to deal with triggers.

Medication-assisted treatments (MAT) are also an essential part of addiction treatment programs. MAT combines medication with therapy to treat substance use disorders effectively. Medications like buprenorphine, methadone, and naltrexone can help reduce cravings and withdrawal symptoms while individuals participate in therapy.

Aftercare support is also critical for individuals who have completed addiction treatment programs. Aftercare services may include ongoing counseling, group therapy sessions, or peer support groups such as Alcoholics Anonymous or Narcotics Anonymous.

In conclusion, addiction treatment programs are vital in addressing drug abuse. They offer individuals struggling with addiction the hope and support they need to recover from their addictions and lead healthy lives free from drugs. By providing comprehensive care that addresses both physical and mental health needs, these programs can make a significant impact on reducing drug abuse rates in our society today.

The Effectiveness of Prevention Programs in Reducing Drug Abuse Rates

Prevention programs have been shown to be effective in reducing drug abuse rates. These programs are designed to educate individuals about the dangers of drug abuse and provide them with the skills and resources they need to resist peer pressure and make healthy choices.

Prevention programs can take many different forms, including school-based programs, community-based programs, and family-based programs. School-based prevention programs aim to teach children and teenagers about the risks associated with drug abuse and provide them with positive role models and support systems.

Community-based prevention programs involve collaboration between community organizations, schools, law enforcement agencies, and other stakeholders. These programs aim to create a supportive environment that promotes healthy behaviors and discourages drug use.

Family-based prevention programs focus on strengthening family relationships and communication. They aim to provide parents with the tools they need to talk to their children about drugs and help them make healthy choices.

Studies have shown that prevention programs can be effective in reducing drug abuse rates. According to the National Institute on Drug Abuse, research has shown that school-based prevention programs can reduce drug use by 10-15%.

Similarly, community-based prevention programs have been shown to reduce substance abuse rates among youth by up to 40%. Family-based prevention programs have also been found to be effective in reducing the risk of drug use among children.

In addition to their effectiveness in reducing drug abuse rates, prevention programs are also cost-effective. According to a report by the Substance Abuse and Mental Health Services Administration (SAMHSA), every dollar invested in prevention saves up to $18 in healthcare costs related to substance abuse treatment.

Therefore, it is crucial that we continue investing in prevention programs as a way of addressing drug abuse rates. By providing individuals with education, support, and resources they need to make healthy choices, we can reduce the harm caused by drug abuse in our society today.

Conclusion

In conclusion, the debate on whether or not giving someone drugs is tantamount to attempted murder is a complex issue that has no clear-cut answer. While some people argue that giving someone drugs is a form of attempted murder, others contend that individuals have the right to make their own choices, even if those choices are harmful.

Regardless of where you stand on the issue, it is important to remember that giving someone drugs without their knowledge or consent is an act of recklessness that can have serious consequences. If you are struggling with drug addiction, seek help from a medical professional or addiction specialist.

What do you think? If the man had called 911, would he have had legal immunity? Do you think he might have stayed to help if the law were more inclusive? Is this a case of attempted murder?

Sources:

• "Is Giving Someone Drugs Tantamount to Attempted Murder?" The Recovery Village
• "Is Giving Someone Drugs the Same as Attempted Murder?" The Law Offices of David S. Shrager