Texas Senate Bill SB70

Texas 2023 - 88th 3rd C.S.

• Filed: 10/11/23

Caption

Relating to the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.

Impact

The introduction of SB70 is expected to have significant implications for state laws regarding drug possession and overdose response. This bill modifies existing statutes to create protections for individuals who act in good faith to obtain emergency help in overdose cases. It aims to reduce the barriers that deter individuals from seeking necessary medical aid due to fear of criminal charges, thereby potentially lowering overdose fatalities and promoting a more health-oriented approach to drug-related issues.

Summary

Senate Bill 70 aims to amend the Texas Health and Safety Code to provide a defense against prosecution for certain offenses related to the possession of small amounts of controlled substances, marihuana, dangerous drugs, or drug paraphernalia. The bill focuses on offenders who seek emergency medical assistance for themselves or others experiencing a suspected overdose. By establishing this legal protection, the bill hopes to encourage individuals to call for help without the fear of legal repercussions, thereby promoting public health and safety in overdose situations.

Sentiment

The general sentiment surrounding SB70 appears to be supportive, especially among health advocates and organizations concerned about overdose deaths. Proponents argue that the bill recognizes the urgent need for timely medical intervention during overdose situations, whereas opponents may raise concerns about the potential for misuse of the protections afforded by the bill. Nonetheless, advocates believe that prioritizing life-saving actions is essential, leading to a largely favorable reception among public health circles.

Contention

While there is substantial support for SB70, some points of contention could arise regarding the specifics of the legal definitions and thresholds under which the protections apply. Critics might be concerned about the parameters of what constitutes 'requesting emergency medical assistance' and how this interacts with ongoing law enforcement activities. Additionally, the implications for future enforcement of drug laws as they relate to overdose scenarios could spark debate on balancing public health with crime control measures.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: 115
  • Section: 116
  • Section: 1161
  • Section: 117
  • Section: 118
  • Section: 119
  • Section: 125

• Chapter 483. Dangerous Drugs
  • Section: 041

• Chapter 485. Abusable Volatile Chemicals
  • Section: 031